Opinion
NO. A8010-05866, CA A24017, SC S30073
Petition for review filed November 18, 1983
Reversed and remanded with instructions April 3, 1984
Appeal from judgment of the Circuit Court for Multnomah County, James R. Ellis, Judge. 64 Or. App. 856, 669 P.2d 389 (1983).
James N. Westwood, Bruce A. Rubin, John A. Lusky and Miller, Nash, Wiener, Hager Carlsen, Portland, for petitioner on review. On the brief in the Court of Appeals were James N. Westwood, Fredric A. Yerke, Bruce A. Rubin and Miller, Nash, Yerke, Wiener Hager, Portland.
On the briefs in the Court of Appeals for respondent on review were R.L. Marceau, Howard G. Arnett and Johnson, Marceau, Karnopp Petersen, Bend.
Before Peterson, Chief Justice, and Lent, Linde, Carson and Jones, Justices.
MEMORANDUM OPINION
Petition for review allowed. Reversed and remanded to Court of Appeals with instructions.
MEMORANDUM OPINION
Defendant's petition for review is allowed. The decision of the Court of Appeals, insofar as that decision is based upon Mountain Fir Lbr Co. v. EBI Co., 64 Or. App. 312, 667 P.2d 567 (1983), is reversed. See Mountain Fir Lbr Co. v. EBI Co., 296 Or. 639, 679 P.2d 296 (1984).
Plaintiff, respondent on review in this court, contends that the Court of Appeals did not address plaintiff's argument in that court "that Federal Indian law principles preclude the application of the State Insurance Code statute which provides the basis for the illegality claim." Defendant replies that that contention was either not properly before the Court of Appeals or that that court has already summarily disposed of it against the plaintiff. On the record before us, we cannot resolve that controversy.
This case is remanded to the Court of Appeals for its consideration of that issue.