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CITY OF THE DALLES v. D'LECTRIC CO.

CC88-24; CA A62764.

803 P.2d 771 (1990)

105 Or. App. 46

CITY OF THE DALLES, OREGON ex rel. TAYLOR ELECTRIC SUPPLY, INC., an Oregon corporation, Appellant, v. D'LECTRIC COMPANY, INC., an Oregon corporation, and Fairmont Insurance, a corporation, Respondents.

Court of Appeals of Oregon.

Decided December 26, 1990.

Reconsideration Denied February 13, 1991.

Attorney(s) appearing for the Case

Roger J. Leo, Portland, argued the cause for appellant. With him on the briefs was Parks, Allen, Livingston & Greif, Portland.

Mark P. Pihl, Portland, argued the cause for respondents. With him on the brief were Robert T. Scherzer and Grenley, Rotenberg, Laskowski, Evans & Bragg P.C., Portland.

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

DEITS, Judge.

Plaintiff Taylor Electric Supply, Inc., furnished materials to defendant D'Lectric Company, the electrical subcontractor for the City of The Dalles' Mid-Columbia Senior Center construction project. D'Lectric did not pay plaintiff in full, and plaintiff brought this action, pursuant to ORS 279.526 et seq, on the prime contractor's bond issued by defendant Fairmont Insurance. The case was tried to the court...

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