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WELKER v. TSPC

95C-12525; CA A93668.

953 P.2d 403 (1998)

152 Or. App. 190

Steven R. WELKER, By and Through Leslie R. BRADBURY, assignee, Appellant, v. TEACHER STANDARDS AND PRACTICES COMMISSION, Respondent.

Court of Appeals of Oregon.

Decided January 21, 1998.

Attorney(s) appearing for the Case

James M. Brown, Salem, argued the cause for appellant. With him on the briefs were Nicole M. Hendricks and Enfield Brown Collins & Knivila.

Michael C. Livingston, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before De MUNIZ, P.J., and DEITS, C.J., and HASELTON, J.

HASELTON, Judge.

Plaintiff appeals, assigning error to the trial court's entry of summary judgment against his claim for indemnity. Plaintiff contends that the trial court erred in holding that plaintiff's statutory indemnity action was barred by disclaimer and "hold harmless" provisions in the contract between Welker, plaintiff's assignor, and defendant. We conclude that there are disputed issues of material fact bearing on whether enforcement of those provisions...

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