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CITY OF ALBANY v. UNIFIED CONTRACTORS, INC.

571 P.2d 924 (1977)

CITY OF ALBANY, a Municipal Corporation, Plaintiff-Respondent, v. UNIFIED CONTRACTORS, INC., and Peerless Insurance Company, Defendants-Appellants, J.W. Copeland Yards, and L.D. VanOver Construction, Inc., Defendants-Respondents, William Owens Construction Company, Neville Crain Service, Inc., the Plank Company, Albany Rock Products, Inc., Johns-Manville Sales Corporation, David D. Downey, Kenneth J. Shelton, and All Persons Claiming for Services and Materials Arising Out of Sanitary Sewer Project Ss-74-1, City of Albany Armory Site, Defendants.

Court of Appeals of Oregon.

Decided December 5, 1977.

Attorney(s) appearing for the Case

Jack H. Cairns, Portland, argued the cause and submitted the brief for appellants.

Frederick L. Decker, Albany, argued the cause and filed the brief for respondent J.W. Copeland Yards.

Warren C. Gill, Lebanon, argued the cause and submitted the brief for respondent L.D. VanOver Const., Inc.

No appearance for respondent City of Albany.

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

PER CURIAM.

This case involves the disposition of the final payment, approximately $15,000, on a sewer construction contract for the city of Albany in which appellant Unified Contractors, Inc. was the general contractor and respondents were suppliers to a now bankrupt subcontractor. The city brought this suit seeking adjudication of the relative rights of all defendants including appellants and respondents. The trial court awarded respondent J.W. Copeland Yards $476...

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