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

87-1724-J-2; CA A50949.

799 P.2d 158 (1990)

103 Or.App. 535

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, and 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, v. Beaumont Birch Company and American Insurance Company, Third-Party Defendants-Respondents, 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, Joan Enloe, Dba Specialty Design, Specialty Design, Inc., Detroit Stoker Co., a Subsidiary of United Industrial Corporation, Andersen 2000, Inc., Hartford Insurance Group, Duncan Richardson Engineering Company, Inc., Aka Dcr Engineers, Inc., F.W. Braun, Inc., Bulk Handling Systems, Inc., Industrial Indemnity Company, David Hartzell, Individually and Dba International Trade Management & Associates, Mitchell Lewis & Staver Co., Custodia-Cottrell, Inc., Custodis Ecodyne, Inc., Aqua-Con-Permutit, Power Plant Specialists, Inc., National Union Fire Insurance Company of Pittsburgh, Pa., Protech Consulting Services, Inc., Clay Morrison Constructors, Inc., Southland Environmental, Inc., Ausland Construction, Inc., Beckman Industrial Corporation, Northwest Controls, Inc., North American Pneumatics, Inc., Technical Metals, Inc., Federal Insurance Company, 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. On the briefs were Christopher A. Ledwidge, W.V. Deatherage and Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Medford.

Sally R. Leisure, Portland, argued the cause for respondents. With her on the brief were G. Kenneth Shiroishi and Dunn, Carney, Allen, Higgins & Tongue, Portland.

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


PER CURIAM.

Affirmed. Biomass One v. S-P Construction, 103 Or.App. 521, 799 P.2d 152<...

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