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COPELAND SAND & GRAVEL v. INS. CO. OF N. AM.

No. 75-414-L; CA 11238; SC 26403.

607 P.2d 718 (1980)

288 Or. 325

COPELAND SAND and GRAVEL, Inc., Appellant-Respondent, v. INSURANCE COMPANY OF NORTH AMERICA, Respondent-Petitioner, Tobin, Crawford & Mikolavich, Inc., Respondent.

Supreme Court of Oregon.

Decided January 16, 1980.

Attorney(s) appearing for the Case

Benjamin E. Freudenberg, Grants Pass, argued the cause for respondent. With him on the briefs was Balderree, Killoran & Nelson, Grants Pass.

Hugh B. Collins, Medford, argued the cause for petitioner. With him on the brief was Collins, Velure & Heysell, Medford.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL, LENT and PETERSON, JJ.

PETERSON, Justice.

This action at law for unpaid construction materials and supplies was tried to the court, without a jury. The trial court rendered an oral opinion from the bench at the end of the trial, thereafter made a general finding for both defendants, and entered judgment thereon. On the plaintiff's appeal, the Court of Appeals affirmed as to the defendant Tobin, Crawford & Mikolavich, Inc. (TCM), reversed as to defendant Insurance Company of North America...

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