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SCHOOL DIST. NO. 4 v. U.S. GYPSUM

No. 77-2838-L-3; CA A25457.

672 P.2d 1201 (1983)

65 Or.App. 570

SCHOOL DISTRICT NO. 4 OF JACKSON COUNTY, Oregon, Respondent, v. United States GYPSUM Co., a Corporation, Appellant, v. Polymer Building Systems, Inc., a Corporation; Dale E. Richards and James W. Acord, Dba Ekerson Roofing Company; and Donal Rounds, Respondents.

Court of Appeals of Oregon.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Douglas A. Haldane, Eugene, argued the cause for appellant. With him on the briefs was Lyle C. Velure, Eugene.

Thomas C. Howser, Ashland, argued the cause for respondent Polymer Building Systems, Inc. On the brief were Cottle & Howser, and Douglas M. Engle, Ashland.

Robert L. Cowling, Medford, argued the cause and filed the brief for third party defendants, respondents Richards and Acord, dba Ekerson Roofing Company.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

The school district (district) sued United States Gypsum (Gypsum) on a breach of warranty theory. The district claimed that Gypsum had expressly warranted that its roofing material was suitable for use as insulation in a built-up roof, applied by a "hot mopped" process, and that the usual procedure of nailing down the roofing material was unnecessary. (Nails would have destroyed a vaporlock under the roof.) The district prevailed against Gypsum...

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