NW PAC. INDEM. v. JUNCTION CITY WATER DIST.

No. TC 16-79-09299, CA A22583; SC29362.

668 P.2d 1206 (1983)

295 Or. 553

NORTHWESTERN PACIFIC INDEMNITY COMPANY, an Oregon Corporation, Petitioner On Review, v. JUNCTION CITY WATER CONTROL DISTRICT, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided September 7, 1983.


Attorney(s) appearing for the Case

Daniel M. Holland, Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene, argued the cause and filed briefs for petitioner on review.

Randall Bryson, Bryson & Bryson, Eugene, argued the cause for respondent on review. With him on the briefs was Calkins & Calkins, Eugene.

Kay Kiner James, Asst. Atty. Gen., argued the cause for amicus curiae State of Oregon. On the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., William F. Gary, Sol. Gen., and Christine L. Dickey, Asst. Atty. Gen.


LENT, Justice.

The issue, as presented by the parties, is whether an indemnity clause was incorporated by reference into a form contract between the state and a municipal government entity where the text of the incorporating provision identified for incorporation the "appropriate" provisions contained in another document.

Defendant applied for and was granted a permit from the then Oregon State Highway Commission to construct an irrigation canal across state...

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