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GENERAL CONSTRUCTION CO. v. OREGON STATE FISH COM'N

528 P.2d 122 (1974)

GENERAL CONSTRUCTION COMPANY, a Corporation, Respondent, v. OREGON STATE FISH COMMISSION, Appellant.

Court of Appeals of Oregon.

Decided November 18, 1974.

Attorney(s) appearing for the Case

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Carl R. Neil, Portland, argued the cause for respondent. With him on the brief were Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland.

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

LANGTRY, Judge.

Plaintiff filed an amended complaint in Multnomah County Circuit Court against the Oregon State Fish Commission seeking additional compensation for construction of a fishway in the Willamette River. The Commission ultimately submitted an "amended answer and counterclaim" denying the allegations of the complaint and asserting three affirmative defenses and three counterclaims. Plaintiff demurred to two of the counterclaims which alleged plaintiff had...

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