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ENERTROL POWER MONITORING CORP. v. STATE

89C-11213; CA A64063.

841 P.2d 694 (1992)

116 Or. App. 502

ENERTROL POWER MONITORING CORP., an Oregon corporation, Appellant, v. STATE of Oregon and Control Contractors, Inc., an Oregon corporation, Respondents.

Court of Appeals of Oregon.

Decided November 18, 1992.

Attorney(s) appearing for the Case

Robert J. Mulvihill and Schouboe, Marvin & Furniss, Portland, for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jas. Adams, Asst. Atty. Gen., Salem, for respondent State.

Fred A. Davita, Eugene, filed a Notice of Reliance on Brief of Co-Respondent for respondent Control Contractors, Inc.

Before JOSEPH, C.J., and DE MUNIZ and DURHAM, JJ.

DE MUNIZ, Judge.

This appeal is before us on remand from the Oregon Supreme Court. The facts are stated in our previous opinion, Enertrol Power Monitoring Corp. v. State of Oregon, 108 Or.App. 166, 814 P.2d 556 (1991), and in the Supreme Court's opinion and will be repeated only as necessary to an understanding of the issues that we discuss.

Plaintiff brought this action against...

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