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P & Z PACIFIC, INC. v. PANORAMA APARTMENTS, INC.

No. 19888.

372 F.2d 759 (1967)

P & Z PACIFIC, INC., a corporation, and P & Z Co., Inc., a corporation, Appellants, v. PANORAMA APARTMENTS, INC., and Ross B. Hammond Co., Appellees. ROSS B. HAMMOND CO., a corporation, Appellant, v. P & Z PACIFIC, INC., a corporation, and P & Z Co., Inc., a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

January 25, 1967.

Attorney(s) appearing for the Case

Charles O. Morgan, Jr., of Morgan & Moscone, Cyril Viadro, San Francisco, Cal., for P & Z Pacific Co.

William F. White, of White, Sutherland & White, Portland, Or., for P & Z Pacific, Inc., and P & Z Co., Inc.

Denton G. Burdick, Jr., Harold B. Hutchinson, of Hutchinson, Schwab & Burdick, Portland, Or., for appellee Panorama Apartments, Inc.

Walter H. Evans, Jr., William D. Peek, Portland, Or., for Ross B. Hammond Co.

Before HAMLEY, KOELSCH and DUNIWAY, Circuit Judges.

KOELSCH, Circuit Judge.

P & Z Pacific, Inc. and P & Z Co., Inc. (P & Z) contracted to perform the caisson-foundation work on a Portland, Oregon apartment complex. The plans and specifications on which P & Z relied in making its fixed-sum bid included two reports, prepared by an independent soil engineering firm (Dames & Moore), showing the results of seven six-inch test borings made to establish the condition of the subsoil. However, in the course...

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