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GORDON H. BALL, INC. v. OREGON ERECTING CO.

539 P.2d 1059 (1975)

GORDON H. BALL, INC., a Nevada Corporation, Appellant, v. OREGON ERECTING CO., an Oregon Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 18, 1975.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant. With him on the briefs were John Gordon Gearin and Gearin, Cheney, Landis, Aebi & Kelley, Portland.

Marvin S. Nepom, Portland, argued the cause for respondent.

McALLISTER, Justice.

Although this proceeding is erroneously called a declaratory judgment proceeding, it is in reality an action at law based on an express contract of indemnity. The action is brought by plaintiff Gordon H. Ball, Inc. against defendant Oregon Erecting Co.

Plaintiff Ball, as the prime contractor, contracted with the Oregon State Highway Department to construct the LaGrande section of the Old Oregon Trail Highway in Union County. The Oregon...

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