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GARRETT v. STATE FARM MUTUAL INS. CO.

16-90-05706; CA A69224.

829 P.2d 713 (1992)

112 Or. App. 539

Doreen Marie GARRETT, Respondent, v. STATE FARM MUTUAL INSURANCE CO., a foreign corporation, Appellant.

Court of Appeals of Oregon.

Decided April 22, 1992.

Reconsideration Denied June 17, 1992.

Attorney(s) appearing for the Case

William G. Wheatley, Eugene, argued the cause for appellant. With him on the briefs was Jaqua & Wheatley, P.C., Eugene.

Douglas G. Schaller, Eugene, argued the cause for respondent. With him on the brief were Jane N. Bolin and Johnson, Clifton, Larson & Bolin, P.C., Eugene.

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

EDMONDS, Judge.

Plaintiff brought this declaratory judgment action, claiming that her attorneys are entitled to a share of a personal injury protection (PIP) reimbursement for attorney fees, expenses and costs incurred in recovering a $25,000 settlement. The parties filed cross-motions for summary judgment, and the trial court granted plaintiff's motion. ORCP 47. Defendant appeals, and we reverse.

After plaintiff was injured in an automobile accident, defendant...

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