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STATE OF OREGON v. SECURITY CONST. CO.

No. 9290.

3 F.2d 274 (1925)

STATE OF OREGON, for Use of CLYDE EQUIPMENT CO. v. SECURITY CONST. CO. et al.

District Court, D. Oregon.

January 26, 1925.

Attorney(s) appearing for the Case

Wm. B. Layton and Edward A. Boyrie, both of Portland, Or., for plaintiff.

A. A. Smith, of Baker, Or., and F. S. Ivanhoe and Robert S. Eakin, both of La Grande, Or., for defendants.

WOLVERTON, District Judge.

This case was submitted to the court for decision, without the intervention of a jury.

The contractor, namely, the Security Construction Company, agreed to furnish all necessary machinery, tools, apparatus, materials, and labor for doing the work assigned. The bond of the National Surety Company covers the faithful performance of the work. The matters for decision comprise certain claims, made on behalf of Clyde Equipment Company...

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