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OREGON MUTUAL INS. CO. v. CLEMENS

9204-02704; CA A76552.

861 P.2d 372 (1993)

124 Or. App. 155

OREGON MUTUAL INSURANCE COMPANY, an Oregon corporation, Respondent, v. Frank CLEMENS and Leona Clemens, Appellants, and Ted Clemens and Penny Kay Clemens, guardian ad litem for Kirk A. Clemens, a Minor, Defendants.

Court of Appeals of Oregon.

Decided October 20, 1993.

Attorney(s) appearing for the Case

Vernon Cook argued the cause and filed the briefs for appellants.

Cathy E. Smith argued the cause for respondent. With her on the brief was Underwood, Norwood & Hiefield.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

LEESON, Judge.

In this declaratory judgment action, Frank and Leona Clemens (defendants)1 appeal, assigning error to the trial court's grant of summary judgment for plaintiff Oregon Mutual Insurance Company (OMIC). ORCP 47. We reverse and remand.

Summary judgment should be granted only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Lamorie v. Warner Pacific College...

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