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STATE HIGHWAY COM. v. HEINTZ CONSTR. CO.

245 Or. 530 (1967)

423 P.2d 175

STATE HIGHWAY COMMISSION v. HEINTZ CONSTRUCTION CO. ET AL

Supreme Court of Oregon.

Reargued November 3, 1966.

Affirmed February 1, 1967.

Attorney(s) appearing for the Case

Alan H. Johansen, Assistant Attorney General, Salem, argued and reargued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and G.E. Rohde, Assistant Attorney General, Salem.

Leo Levenson and Norman B. Kobin, Portland, argued and reargued the cause for respondents. With them on the brief were Kobin & Meyer, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

DENECKE, J.

The defendants were joint venturers who performed the grading contract for the plaintiff Highway Commission in the construction of nine miles of Interstate 5. The Commission brought this action to recover an alleged overpayment of $75,000 made to the defendants. The joint venturers counterclaimed for the $72,000 retainage held by the Commission. The jury returned a verdict in favor of the Commission...

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