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STATE v. TRAVELERS INDEMNITY COMPANY

442 P.2d 612 (1968)

STATE of Oregon, Acting through the Oregon State Highway Department, ex rel. Hawkins-Hawkins Co., Inc., a Corporation, Appellant, v. The TRAVELERS INDEMNITY COMPANY, a Corporation, Respondent.

Supreme Court of Oregon, Department 2.

Decided June 19, 1968.

Attorney(s) appearing for the Case

William F. White, Portland, argued the cause for appellant. With him on the briefs were White, Sutherland & Gilbertson, Portland.

Robert S. Ball, Portland, argued the cause for respondent. With him on the brief were Morrison & Bailey and Richard A. Van Hoomissen, Portland.

Before SLOAN, P.J., and GOODWIN and HOLMAN, JJ.

GOODWIN, Justice.

Plaintiff, an unpaid seller of materials used in a highway construction project, brought action for $31,961, the contract price of the goods, and for attorney fees.1 Defendant paid into court the sum of $24,143. Plaintiff appeals from a judgment in the amount paid into court.

There are numerous assignments of error, but it is necessary to discuss only one. The trial court...

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