Legal Opinion

Condor Investment Co. v. Pacific Coca-Cola Bottling Co.

District Court, D. Oregon

Decided November 15, 1962No. Civ. 62-8PublishedCited by 8 opinions

1Opinion of the Court

KILKENNY, District Judge.

This matter is before the Court on the issues created by defendant’s plea in abatement, in which it is charged that plaintiff is not the real party in interest and that the action should be abated in conformity with the provisions of Rule 17(a), F.R.Civ.P.

In May, 1960, plaintiff was the owner of a certain building which was damaged by fire. Plaintiff alleges that the loss was due to defendant’s negligence. Plaintiff’s loss was covered by insurance In three different companies. Each company paid its share of the loss totalling $11,710.66.

In due course, plaintiff filed…

2Cases cited11 opinions

  1. Lamb-Weston, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1959
  2. Pacific Portland Cement Co. v. Food MacHinery & Chemical CorporationCourt of Appeals for the Ninth Circuit · 1950
  3. Furrer v. Yew Creek Logging Co.Oregon Supreme Court · 1956
  4. Rosenfeld v. Continental Building Operating CompanyDistrict Court, W.D. Missouri · 1955
  5. Commercial Securities, Inc. v. MastOregon Supreme Court · 1933

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
  2. Executive Jet Aviation, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 1974
  3. Pace v. General Electric Co.District Court, W.D. Pennsylvania · 1972
  4. American Dredging Co. v. Federal Insurance Co.District Court, S.D. New York · 1970
  5. Northern Ins. Co. of New York v. Conn OrganCourt of Appeals of Oregon · 1979

3 more not listed; retrieve them via the Exa API.

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