American States Ins. v. Chuck Smith Painting

Full title: AMERICAN STATES INSURANCE COMPANY, INC., an Indiana corporation…

Court: Oregon Supreme Court

Date published: Oct 28, 1999

988 P.2d 378 (Or. 1999)

988 P.2d 378

Opinion

(CC 955085E2; CA A93943; SC S44817).

Filed: October 28, 1999.

On petition for review filed December 10, 1997.^_

_ Appeal from Jackson County Circuit Court, 151 Or. App. 200, 948 P.2d 1260 (1997).

Robert S. Hamilton, of deSchweinitz Hamilton, Medford, filed the petition for petitioner on review.

No appearance contra.

Before Carson, Chief Justice, and Gillette, Van Hoomissen, Durham, and Kulongoski, Justices.^__

__ Leeson and Riggs, JJ., did not participate in the consideration or decision of this case.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the circuit court with instructions to dismiss the action unless plaintiff makes all persons who have any claim or interest that would be affected by the requested declaration parties to the action within a time to be set by the circuit court.