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LANE COUNTY v. WOOD

No. TC 81-4-109; CA A23127; SC S30315.

691 P.2d 473 (1984)

298 Or. 191

LANE COUNTY, a Political Subdivision of the State of Oregon, Petitioner On Review, v. Robert E. WOOD; Aetna Casualty and Surety Company, a Connecticut Corporation; Michael J. Safley; Arlene O. Phelps, Personal Representative of the Estate of Alfred K. Phelps, Deceased, Respondents On Review.

Supreme Court of Oregon.

Decided November 20, 1984.

Rehearing Denied January 8, 1985.

Attorney(s) appearing for the Case

William F. Frye, Sp. County Counsel, Eugene, argued the cause and filed the petitions for petitioner on review. With him on the briefs was Gregory E. Veralrud, of Frye, Hanna & Veralrud, Eugene.

Donald D. Diment, of Diment & Billings, Eugene, argued the cause for respondent on review Wood and joined in the response to the petition for review for respondents on review. With him on the brief was Glen Lasken, Certified Law Student.

Barbara S. Fishleder, of Altstatt & Doyle, P.C., Eugene, argued the cause for respondent on review Safley and joined in the response to the petition for review for respondents on review.

William G. Wheatley, of Jaqua, Wheatley, Gallagher & Holland, P.C., Eugene, filed a brief for respondent on review Aetna Cas. and Sur. Co. and joined in the response to the petition for review of respondents on review.

Harold D. Gillis, of Harold D. Gillis, P.C., Eugene, filed a brief for respondent on review Phelps and joined in the response to the petition for review of respondents on review.

Before PETERSON, C.J., and LENT, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

JONES, Justice.

This action was brought by plaintiff Lane County against defendants Robert E. Wood, a former county commissioner, Aetna Casualty & Surety Company as surety on an employees faithful performance bond issued to the county, Michael J. Safley and the estate of Alfred K. Phelps, deceased. The county's claims arose out of a land exchange occurring in the summer of 1978.

In August of 1978, plaintiff Lane County entered into an agreement with defendant...

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