ACE ELEC. CO. v. PORTLAND GENERAL ELEC. CO.

No. 6090; CA 18782.

637 P.2d 1366 (1981)

55 Or.App. 382

ACE ELECTRIC COMPANY, Respondent, v. PORTLAND GENERAL ELECTRIC COMPANY, an Oregon Corporation, the Boardman Power Company, an Oregon Corporation, Marine Midland Bank, a New York State Chartered Bank and Trust Company, Appellants, Steel Products Company of Oregon, Inc., an Oregon Corporation, Schnitzer Steel Products Co., an Oregon Corporation, and U.S. Tank and Construction Co., Inc., an Oregon Corporation, Defendants.

Court of Appeals of Oregon.

Decided December 30, 1981.


Attorney(s) appearing for the Case

James K. Buell, Portland, argued the cause for appellants. With him on the briefs were Susan E. Ertle, and Buell, Black, Gates & Dupuy, Portland.

James H. Clarke, Portland, argued the cause for respondent. With him on the brief was Spears, Lubersky, Campbell & Bledsoe, Portland.

Before BUTTLER, P.J., JOSEPH, C.J. and WARREN, J.


WARREN, Judge.

Ace Electric Company (Ace) brought this action against Portland General Electric Company, The Boardman Power Company, and Marine Midland Bank1 (PGE), to recover the value of work which it performed on PGE's Boardman Coal Project. Ace alleged that the work in question was outside the scope of its construction contract and it is, therefore, entitled to extra compensation. Alternatively...

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