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STATE HIGHWAY COMMISSION v. DeLONG CORPORATION

539 P.2d 1100 (1975)

STATE of Oregon, by and through Its STATE HIGHWAY COMMISSION, Appellant, v. DELONG CORPORATION and Travelers Indemnity Company, Respondents.

Court of Appeals of Oregon.

Decided September 10, 1975.

Attorney(s) appearing for the Case

Leslie B. Hampton, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Farrand M. Livingston, Portland, argued the cause for respondents. With him on the brief were Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FORT, Judge.

This is a declaratory judgment action. The principal questions between the parties were disposed of by this court in an opinion appearing at 9 Or.App. 550, 495 P.2d 1215, Sup.Ct. review denied (1972), cert denied, 411 U.S. 965, 93 S.Ct. 2142, 36 L.Ed.2d 684, rehearing denied, 412 U.S. 944, 93 S.Ct. 2771, 37 L.Ed.2d 405 (1973), in which we affirmed the judgment of the trial court in favor of the plaintiff...

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