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PHOTO-ART COMMERCIAL STUDIOS, INC. v. HUNTER

No. A7804-06692; CA 11709.

600 P.2d 471 (1979)

42 Or.App. 207

PHOTO-ART COMMERCIAL STUDIOS, INC., an Oregon Corporation, Respondent-Cross-Appellant, v. E.S. HUNTER, Deputy State Highway Engineer, R.L. Schroeder, Assistant Highway Engineer, L.W. Rulien, Program Management Engineer, E.L. Hardt, Engineer, W.J. Hart, Bridge Engineer, George H. Bell, Special Assistant for Public Affairs, Department of Transportation, State of Oregon, All of Whom Are Employes of the State of Oregon, and Clay Myers, in His Official Capacity As State Treasurer of the State of Oregon, and Odyssey Productions, Inc., an Oregon Corporation, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Mary J. Deits, Salem, argued the cause and filed the briefs for appellants-cross-respondents. With her on the briefs were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Michael J. Walsh, Portland, argued the cause for respondent-cross-appellant. With him on the brief was Stephen J. Connolly, Portland.

Before THORNTON, P.J., and BUTTLER and JOSEPH, JJ.

JOSEPH, Judge.

Plaintiff, a corporation, initiated this proceeding as a taxpayer1 for a declaration that a contract between defendants Oregon Department of Transportation (the state) and Odyssey Productions (Odyssey) for the production of three films was illegal and void because it was not let in compliance with the competitive bidding procedures for public contracts (ORS 279.011 et seq.). In the alternative, plaintiff sought a...

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