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LYDA v. PORT OF WALLA WALLA

No. 539-3.

9 Wn. App. 115 (1973)

510 P.2d 1172

CLAYTON LYDA et al., Respondents, v. THE PORT OF WALLA WALLA et al., Defendants, SIME CONSTRUCTION CO., et al., Appellants.

The Court of Appeals of Washington, Division Three.

June 12, 1973.

Attorney(s) appearing for the Case

Carl G. Sonderman (of Loney, Westland, Raekes, Rettig & Sonderman), for appellants.

D. Wayne Campbell (of Campbell & Johnston), for respondents.

McINTURFF, J.

Plaintiff Northwest Enterprises, a subcontractor from Lewiston, Idaho, brought this action against the defendant Sime Construction Company, general contractor, for breach of contract. From a judgment for plaintiff, defendants appeal.

In 1966 the Port of Walla Walla purchased fill material from the federal government through the Corps of Engineers. According to agreement, the port was to excavate fill material from the bed of the Snake River,...

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