HUMBERT EXCAVATING v. CITY OF PENDLETON

HUMBERT EXCAVATING, INC., an Oregon corporation; City of Pendleton, a municipal corporation, for the use and benefit of Humbert Excavating, Inc.; and Pioneer Asphalt, Inc., dba Pioneer Construction, Inc., an Oregon corporation, for the use and benefit of Humbert Excavating, Inc., an Oregon corporation, Appellants, v. CITY OF PENDLETON, a municipal corporation; Pioneer Asphalt, Inc., dba Pioneer Construction, Inc., an Oregon corporation; and Fireman's Fund Insurance Company, a California corporation, Respondents. PIONEER ASPHALT, INC., an Oregon corporation, and Fireman's Fund Insurance Company, a California corporation, Cross-claim Plaintiffs, v. CITY OF PENDLETON, a municipal corporation, Cross-claim Defendant, PIONEER ASPHALT, INC., an Oregon corporation, Third Party Plaintiff-Respondent, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, Third Party Defendant-Appellant.