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AMERICAN FIDELITY v. BUILDERS BOARD

No. 6998-102; CA A23095 Control, No. 24853-101; CA A22917.

662 P.2d 785 (1983)

63 Or.App. 127

AMERICAN FIDELITY Fire Insurance Co., Petitioner, v. The BUILDERS BOARD, Department of Commerce, State of Oregon, Respondent. Dependable Insurance Company, Petitioner, v. The Builders Board, Department of Commerce, State of Oregon, Respondent.

Court of Appeals of Oregon.

Argued and Submitted November 22, 1982.

Attorney(s) appearing for the Case

Susan G. Whitney, Portland, argued the cause for petitioners. With her on the briefs were David R. Trachtenberg and Kobin & Meyer, P.C., Portland.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

These consolidated petitions for review challenge two separate orders of the Builders Board (Board). ORS 701.205. Petitioners are sureties ordered by the Board to pay claims against two builders who were their respective principals. Petitioners are entitled to review by this court as aggrieved parties under ORS 183.480 and 183.482.

During the pendency of these proceedings, both builders filed bankruptcy petitions. Petitioners argue that because...

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