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SAVAGE v. PETER KIEWIT SONS' CO.

461 P.2d 59 (1969)

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

Supreme Court of Oregon.

Decided November 13, 1969.

Attorney(s) appearing for the Case

Cleveland C. Cory, Portland, argued the cause and filed briefs for appellant and cross-respondent.

Bruce M. Hall, Portland, argued the cause for respondent and cross-appellant. With him on the briefs were Rives & Schwab and Leonard A. Girard, Portland.

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

O'CONNELL, Justice.

This case was first before us in Savage v. Peter Kiewit Sons' Co., 249 Or. 147, 158, 432 P.2d 519, 437 P.2d 487 (1968). On that appeal we reversed a decree in favor of plaintiff and directed the trial court to dismiss the complaint. On rehearing we modified our mandate and remanded the case "for further proceedings to resolve any issues remaining...

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