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PRECISION LUMBER v. MARTIN MARIETTA CORP.

90-63; CA A74919.

865 P.2d 376 (1993)

125 Or. App. 34

PRECISION LUMBER CO., an Oregon corporation, Plaintiff, v. MARTIN MARIETTA CORPORATION, a corporation, and Ground Improvement Techniques, Inc., a Florida corporation, Defendants. GROUND IMPROVEMENT TECHNIQUES, INC., Respondent-Cross-Appellant, v. HUMBERT CONSTRUCTION, INCORPORATED, an Oregon corporation, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided December 8, 1993.

Review Denied February 22, 1994.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Terry M. Weiner and Mitchell, Lang & Smith.

J. William Bennett, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Ann H. Morris and Bennett, Yazbeck & O'Halloran, P.C.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

WARREN, Presiding Judge.

Humbert Construction, Inc. (Humbert) appeals from a judgment denying an award of attorney fees. Ground Improvement Techniques, Inc. (GIT) cross-appeals from a judgment denying it relief on its third-party complaint for indemnity. We reverse on the appeal and affirm on the cross-appeal.

The facts are essentially undisputed. In May, 1990, GIT contracted with Humbert to crush rocks on property owned by Martin Marietta Corporation (Marietta...

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