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MORSE BROS. PRESTRESS v. CITY OF LAKE OSWEGO

No. 81-1-389; CA A20357.

640 P.2d 650 (1982)

55 Or.App. 960

MORSE BROS. PRESTRESS, Inc., an Oregon Corporation, Appellant, v. CITY OF LAKE OSWEGO, a Municipal Corporation, and John Godsey, Respondents.

Court of Appeals of Oregon.

Decided February 8, 1982.

Attorney(s) appearing for the Case

Phil Cass, Jr., Eugene, argued the cause for appellant. With him on the briefs was Young, Horn, Cass & Scott, Eugene.

James M. Coleman, City Atty., Lake Oswego, argued the cause and filed the brief for respondents.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

Plaintiff brought an action against the City of Lake Oswego and its public works director (defendants), alleging that certain invitations to bid on three water tanks issued by defendants violated ORS 279.017 by expressly or impliedly requiring certain products of a single seller, BBR Prestressed Tanks, Inc. (BBR), to the exclusion of plaintiff and other suppliers. Plaintiff sought a declaration that the contract would be unlawful and void,

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