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CITY OF SALEM v. CLEARWATER CONST. CO.

144511; CA A35798.

735 P.2d 373 (1987)

84 Or.App. 674

The CITY OF SALEM, ex rel. NuEquitable Leasing Company, an Oregon Corporation, Respondent, v. CLEARWATER CONSTRUCTION COMPANY, an Oregon Corporation; and United Pacific Insurance Company, a Surety and Bonding Company Authorized to Do Business in the State of Oregon, Appellants. Clearwater Construction Company, an Oregon Corporation, Third-Party Plaintiff-Appellant, v. J.B. Rock Products, Inc., an Oregon Corporation, Third-Party Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 8, 1987.

Attorney(s) appearing for the Case

David J. Buono, Portland, argued the cause for appellants. With him on the briefs was Lindstedt & Buono, P.C., Portland.

James W. Walton, Corvallis, argued the cause for respondents. With him on the brief was Ringo, Walton, Eves & Stuber, P.C., Corvallis.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

This appeal concerns an agreement to provide rock products for a water purification project of the City of Salem. Defendant-third-party plaintiff Clearwater Construction Company (Clearwater) was awarded a contract to construct the project. The plans and specifications called for three different rock products. Two of them, crushed rock and drain rock, were standard inventory items and easy to obtain. The third...

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