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SAVAGE v. PETER KIEWIT SONS' CO.

437 P.2d 487 (1968)

C.H. SAVAGE, Dba C.H. Savage Co., Respondent and Cross-Appellant, v. PETER KIEWIT SONS' CO., a Nebraska Corporation, Respondent, and David B. Simpson, Glenn L. Jackson, and Kenneth Fridley, Constituting the Oregon State Highway Commission, Appellant and Cross-Respondent.

Supreme Court of Oregon, In Banc.

February 21, 1968.

Attorney(s) appearing for the Case

Bruce M. Hall and Bonyhadi & Hall, Portland, for the petition.

Cleveland C. Cory, Portland, contra.

Before PERRY, C.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and LUSK, JJ.

GOODWIN, Justice.

In the opinion reversing the declaratory decree in this case we instructed the trial court to dismiss the complaint, without costs to either party, 432 P.2d 519. In a petition for rehearing, the plaintiff has pointed out that it was not necessary to dismiss the plaintiff's complaint insofar as it may have asserted claims against the defendant Peter Kiewit Sons' Co. We did not intend to pass upon the merits of any...

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