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GORDON H. BALL, INC. v. STATE OF OR., ETC.

No. 102183; CA 12435.

604 P.2d 891 (1979)

43 Or.App. 803

GORDON H. BALL, INC., a Nevada Corporation, Appellant, v. THE STATE OF OREGON, by and through the Oregon State Highway Division and the Oregon State Department of Transportation, Respondents.

Court of Appeals of Oregon.

Decided December 24, 1979.

Attorney(s) appearing for the Case

Daniel H. Skerritt, Portland, argued the cause for appellant. With him on the briefs was Lindsay, Nahstoll, Hart, Neil & Weigler, Portland.

Leslie B. Hampton, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

In March, 1973, plaintiff Ball contracted with the Oregon State Highway Division (Division) to widen and resurface parts of Interstate 5. During the term of the contract, the 1973 Arab oil boycott caused sharp increases in the price of petroleum. In special session, the Oregon Legislative Assembly enacted Oregon Laws 1974, chapter 32, which granted authority to state agencies to modify public contracts under certain circumstances to reflect...

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