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STATE EX REL. THUNEY L., INC. v. FIREMAN'S FUND INS

458 P.2d 413 (1969)

STATE of Oregon, by and through the Oregon State Highway Commission, ex rel. Thuney Logging, Inc., Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Respondent.

Supreme Court of Oregon, Department 2.

Decided September 10, 1969.

Attorney(s) appearing for the Case

Daniel H. Coleman, Portland, argued the cause for appellant. On the briefs were Shoemaker, Coleman, Bartlett & Saverude, Portland.

Donald H. Coulter, Grants Pass, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN, and HAMMOND, JJ.

GOODWIN, Justice.

Thuney Logging, Inc., a claimant against a highway contractor's performance bond, appeals a judgment in favor of the bonding company in an action to recover money alleged to be due from a subcontractor for equipment rentals.

The bonding company's answer alleged conflicting intercorporate interests which, the bonding company contended, made the claimant ineligible to proceed against the bond. The trial court did not decide the issues thus...

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