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STATE EX REL. SALEM PACIFIC CORP. v. COMBO CONST.

458 P.2d 410 (1969)

STATE Highway Commission ex rel. Salem Pacific Corporation, a Corporation, Respondent, v. COMBO CONSTRUCTION COMPANY, Inc., a Corporation, Defendant, and Fireman's Fund Insurance Company, a Corporation, Appellant.

Supreme Court of Oregon, Department 1.

Decided September 10, 1969.

Attorney(s) appearing for the Case

Donald H. Coulter, Grants Pass, argued the cause and filed briefs for appellant.

John A. Bryan, Salem, argued the cause for respondent. With him on the brief were DeArmond, Sherman & Barber, Salem.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE, and LANGTRY, JJ.

McALLISTER, Justice.

Defendant Fireman's Fund Insurance Company appeals from a judgment in favor of plaintiff Salem Pacific Corporation on a public works construction bond issued by Fireman's Fund.

The defendant Combo Construction Company, Inc., in July 1965 entered into a contract with the Oregon State Highway Commission to construct overnight camping facilities in Detroit Lake State Park in Marion County. The contracted work included the hauling and placing...

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