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STATE EX REL. OWS v. UNITED PACIFIC

(9712-09675; CA A104354)

18 P.3d 491 (2001)

172 Or. App. 435

STATE of Oregon, by and through its DEPARTMENT OF ADMINISTRATIVE SERVICES and Department of Transportation ex rel. Waste Management Disposal Services of Oregon, Inc., dba Oregon Waste Systems, Inc., a foreign corporation, Appellant-Cross-Respondent, v. UNITED PACIFIC INSURANCE COMPANY, a Pennsylvania corporation, Respondent-Cross-Respondent, and State of Oregon, by and through its Department of Administrative Services and Department of Transportation, Cross-Appellant.

Court of Appeals of Oregon.

Decided February 14, 2001.

Attorney(s) appearing for the Case

G. Kevin Kiely, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Margaret B. Stern, Portland, Cable Huston Benedict Haagensen & Lloyd LLP, and Ridgway K. Foley, Jr., P.C., and Greene & Markley, P.C.

Thomas A. Larkin, Portland, argued the cause for respondent-cross-respondent United Pacific Insurance Company. With him on the brief were John Spencer Stewart, James Clark Prichard, Portland, and Stewart Sokol & Gray, LLC.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for cross-appellant. With her on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

Plaintiff Oregon Waste Systems (OWS) filed this claim against United Pacific Insurance Company (UPIC) and the State of Oregon, seeking payment for work it performed as a subcontractor on a public contract for the removal and disposal of tires and tire shreds. Smith Technology Corporation (Smith), the primary contractor, provided a performance bond to the state on a form provided by UPIC, its surety. OWS seeks payment under the bond or, in the alternative...

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