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STATE HIGHWAY COMMISSION v. DeLONG CORPORATION

551 P.2d 102 (1976)

State of Oregon, by and through Its STATE HIGHWAY COMMISSION, Respondent, v. DeLONG CORPORATION and Travelers Indemnity Company, Petitioners.

Supreme Court of Oregon, In Banc.

Decided June 24, 1976.

Attorney(s) appearing for the Case

Farrand M. Livingston and Arden E. Shenker, Portland, argued the cause for petitioners. With them on the briefs were Tooze, Kerr, Peterson, Marshall & Shenker, Portland.

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

McALLISTER, Justice.

The State of Oregon brought a declaratory action for damages, plus interest, in the Circuit Court for Marion County against DeLong Corporation and its surety, Travelers Indemnity Company. On May 23, 1969 the court entered a judgment in favor of plaintiff and against both defendants, which, in pertinent part, provided as follows:

"3. Plaintiff shall be and hereby is granted judgment against the defendants and each of them in the amount...

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