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OAK LODGE SAN. DIST. v. GEN. INS. CO.

240 Or. 103 (1965)

399 P.2d 351

OAK LODGE SANITARY DISTRICT v. GENERAL INSURANCE COMPANY

Supreme Court of Oregon.

Reversed and remanded February 24, 1965.

Petition for rehearing denied March 23, 1965.

Attorney(s) appearing for the Case

Denton G. Burdick, Jr., Portland, argued the cause for appellant. On the briefs were Hutchinson, Schwab & Burdick, Portland.

Justin N. Reinhardt, Portland, argued the cause for respondent. With him on the brief were Reinhardt, Coblens & Stoll, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN and LUSK, Justices.

REVERSED AND REMANDED.

GOODWIN, J.

This is an action, brought pursuant to ORS 279.536, upon a public-works bond. The action is brought by the plaintiff on the behalf of an unpaid supplier of labor and materials used in the construction of a sewage-treatment plant. Holding that the claim was not filed within the six months required by ORS 279.526, the trial court denied recovery. The plaintiff appeals.

Any supplier of labor or materials who has a claim...

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