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OREGON, STATE HIGHWAY COM'N v. DeLONG CORP.

495 P.2d 1215 (1972)

STATE OF OREGON BY AND THROUGH ITS STATE HIGHWAY COMMISSION, Respondent and Cross-Appellant, v. DELONG CORPORATION AND TRAVELERS INDEMNITY COMPANY, Appellants and Cross-Respondents.

Court of Appeals of Oregon, Department 2.

Decided April 7, 1972.

Attorney(s) appearing for the Case

Norman E. Bayles and Bert B. Rand, Washington, D.C., argued the cause for appellant and cross-respondent DeLong Corp. With them on briefs was George W. Mead, Portland.

Lamar Tooze, Portland, argued the cause for appellant and cross-respondent Travelers Indemnity Co. With him on briefs was Arden E. Shenker and Tooze, Powers, Kerr, Tooze & Peterson, Portland.

Alan H. Johansen and George A. Rhoten, Sp. Asst. Attys. Gen., Salem, argued the cause for respondent and cross-appellant. With them on brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

This declaratory judgment proceeding seeks a determination of the rights and liabilities of the parties arising out of a contract for construction of major components of the Columbia river bridge between Astoria, Oregon, and the state of Washington. The DeLong Corporation was the contractor and Travelers Indemnity Company the surety on the performance bond. The case was tried to the court without a jury. Following...

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