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PROGRESSIVE CASUALTY INS. CO. v. MARCA

88CV0218; 87CV1138; CA A49505 (control); CA A50401.

788 P.2d 490 (1990)

100 Or.App. 726

PROGRESSIVE CASUALTY INSURANCE CO., Respondent, v. Raymond D. MARCA, Defendant, and Sandra Smisek, As Personal Representative of the Estate of Kevan R. Robbins, Appellant. Sandra Denise Smisek, As Personal Representative of the Estate of Kevan R. Robbins, Appellant, v. Raymond D. Marca, Respondent.

Court of Appeals of Oregon.

March 14, 1990.

Attorney(s) appearing for the Case

Michael A. Lehner and Lehner & Mitchell, Portland, for petition of Progressive.

Gig Wyatt, Salem, and Law Offices of J.P. Harris, II, P.C., Salem, for petition of Marca.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Respondents separately petition for review of our opinion. 99 Or.App. 489, 783 P.2d 19 (1989). We allow the petitions, withdraw our former opinion and affirm.

We incorporate by reference the facts in our former opinion except to delete this sentence:

"The record does not suggest that working around and moving tractors or similar equipment was an ordinary risk of Robbins' regular work as a farm hand...

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