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STATE EX REL. TOWN CONCRETE PIPE, INC. v. ANDERSEN

505 P.2d 1162 (1973)

STATE of Oregon, Acting through Its State Highway Division, ex rel. Town Concrete Pipe, Inc., a Corporation, Appellant, v. H.A. ANDERSEN et al., Respondents.

Supreme Court of Oregon.

Decided February 1, 1973.

Attorney(s) appearing for the Case

David J. Buono, Portland, argued the cause for appellant. With him on the brief were Norman L. Lindstedt and Buss, Leichner, Lindstedt & Barker, Portland.

Warde Erwin, Portland, argued the cause for respondents. With him on the brief were Erwin & Gilbert, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, TONGUE, HOWELL and BRYSON, JJ.

DENECKE, Justice.

This case is an attempt by the plaintiff, Town Concrete Pipe, to hold the defendant General Insurance Company, the surety on the bond of a joint venture performing a state construction project, for a debt owed plaintiff for materials furnished a subcontractor of the joint venture. The trial court, sitting without a jury, held for the surety and plaintiff appeals.

In 1969 the legislature amended the statute and provided that before an unpaid...

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