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NORTHWEST PIPE & CASING CO. v. ZUBER BROTHERS

No. A7912-06164; CA 19987.

640 P.2d 638 (1982)

55 Or.App. 869

NORTHWEST PIPE & CASING CO., an Oregon Corporation, Appellant, v. ZUBER BROTHERS Contractors, an Oregon Corporation, Defendant, and Fireman's Fund Insurance Company, a Corporation, Respondent.

Court of Appeals of Oregon.

Decided February 8, 1982.

Attorney(s) appearing for the Case

David W. Axelrod, Portland, argued the cause for appellant. With him on the brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

William R. Miller, Jr., Portland, argued the cause for respondent. With him on the brief was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

THORNTON, Judge.

This case arises under Washington law. The sole issue presented is whether plaintiff filed its notice of claim against defendant's performance bond within the time prescribed by Washington law. RCW 39.08.030.

Plaintiff appeals from a summary judgment in favor of the defendant insurance company granted on the ground that plaintiff's claim was not filed within thirty days of either (a) the acceptance of the work by the "affirmative action" of...

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