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AETNA CASUALTY & SURETY CO. v. OHSU

TC A8801-00185; CA A48659; SC S36226.

793 P.2d 320 (1990)

310 Or. 61

The AETNA CASUALTY & SURETY CO., a Connecticut Corporation, Petitioner On Review, v. OREGON HEALTH SCIENCES UNIVERSITY AND THE STATE OF OREGON, Respondent On Review.

Supreme Court of Oregon.

Decided May 24, 1990.

Attorney(s) appearing for the Case

George W. McKallip, Jr., Portland, argued the cause, for petitioner on review. With him on the petition, were Kennedy, King & Zimmer, Portland.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause, for respondent on review. With him on the response to the petition, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

FADELEY, Justice.

This is a tale of two cases — the first settled by payment and full release, the second dismissed with prejudice and now before the court on appeal. The two cases arose from a single injury. After the first case — for personal injuries — was settled by a payment from Aetna and a payment from the state and Oregon Health Sciences University (OHSU), Aetna brought the second case —...

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