BIOMASS ONE, L.P. v. S-P CONSTRUCTION

87-1724-J-2; CA A61560.

799 P.2d 152 (1990)

103 Or.App. 521

BIOMASS ONE, L.P., a Delaware Limited Partnership, Biomass-One Operating Company, an Oregon Corporation, Lee S. Weisel, D. Sam Scheele and Marc D. Rappaport, Plaintiffs, v. S-P CONSTRUCTION, a Joint Venture between Pacific Architects & Engineers, Incorporated, and Sheldon L. Pollack Corporation, Pacific Architects and Engineers Incorporated, a California Corporation, Sheldon L. Pollack Corporation, a California Corporation, Norbert W. Pieper, A.I.A., Inc., a California Corporation; Pacific Architects and Engineers Incorporated, a California Corporation, a Joint Venture, Pieper A.I.A., Inc., a California Corporation, Pacific Architects and Engineers International, a California Corporation, Edward A. Shay, an Individual, Sheldon L. Pollack, an Individual, E.R. McCollum, an Individual, Norbert W. Pieper, an Individual, and Aetna Ins. Co., Defendants. S-P Construction, a Joint Venture between Pacific Architects & Engineers, Incorporated and Sheldon L. Pollack Corporation, and Aetna Ins. Co., Third-Party Plaintiffs-Appellants-Cross-Respondents, v. Bulk Handling Systems and Industrial Indemnity Company, Third-Party Defendants-Respondents-Cross-Appellants, Deltak Corporation, S.M. Gilbert Co., Inc., Continental Insurance Company, Corrosion Controllers, Inc., Fireman's Fund Insurance Company, Mid-Continent Industrial Services, Inc., Employers Insurance Company of Wausau, Detroit Stoker Co., a Subsidiary of United Industrial Corporation, Andersen 2000, Inc., Hartford Insurance Group, Beaumont Birch Company, American Ins. Co., Duncan Richardson Engineering Company, Inc., Aka Dcr Engineers, Inc., David Hartzell, Individually and Dba International Trade Management & Associates, Aqua-Con-Permutit, Protech Consulting Services, Inc., Clay Morrison Constructors, Inc., Ausland Construction, Inc., Beckman Industrial Corporation, Northwest Controls, Inc., North American Pneumatics, Inc., Bbc Brown Boveri, Inc., Insurance Co. of North America and Rosemount, Inc., Third-Party Defendants.

Court of Appeals of Oregon.

Decided October 3, 1990.


Attorney(s) appearing for the Case

Stephen G. Jamieson, Medford, argued the cause for appellants-cross-respondents. With him on the briefs was W.V. Deatherage, Medford.

John A. Hudson, Eugene, argued the cause and filed the brief for respondents — cross-appellants Bulk Handling Systems.

Howard W. Carsman, Portland, argued the cause for third-party defendant-respondent-cross-appellant Industrial Indem. Co. With him on the briefs were James T. Yand and Stafford, Frey, Cooper & Stewart, Portland.

Before GRABER, P.J. Pro Tem., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

S-P Construction and Aetna Insurance Co. (Aetna) appeal a summary judgment against them on their third party complaint and the award of attorney fees to Industrial Indemnity Company (IIC). Bulk Handling Systems (BHS) and IIC cross-appeal the amount of attorney fees that they were awarded. We affirm on the appeal and on the cross-appeal.

S-P Construction (plaintiff)1 was employed by Biomass One, L.P. (Biomass One)...

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