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STATE, DEPT. OF HUMAN RESOURCES v. WILLIAMS

No. 76602.

505 P.2d 936 (1973)

STATE of Oregon, Acting by and through the Department of Human Resources and the Mental Health Division, Appellant, v. Max P. WILLIAMS and Richard C. Ehmann, Dba Williams and Ehmann, a Partnership, Respondents.

Court of Appeals of Oregon.

Decided February 2, 1973.

Attorney(s) appearing for the Case

Peter S. Herman, Senior Counsel, Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Ridgway K. Foley, Jr., Portland, argued the cause for respondents. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and Kenneth E. Roberts, Portland.

Before SCHWAB, C.J., and LANGTRY and HOLMAN, JJ.

LANGTRY, Judge.

Plaintiff, State of Oregon, appeals from an order abating its malpractice action for damages against defendant architects. Two interrelated questions are presented: (1) whether the order from which the appeal was taken had the finality to be an appealable order, and (2) whether the dispute growing out of the contract between plaintiff and defendants (defendants were to perform architectural services in the construction of a food services building at...

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