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EDEN GATE v. D & L EXCAVATING & TRUCKING

9806-04475 and CV98262; A106227 (Control) and A107375

37 P.3d 233 (2002)

178 Or. App. 610

EDEN GATE, INC., Respondent, v. D & L EXCAVATING & TRUCKING, INC., Appellant. D & L Excavating & Trucking, Inc., Appellant, v. Eden Gate, Inc., Respondent, and Suzanne R. Hurford, Carolyn J. Hurford, and The Commercial Bank, Defendants.

Court of Appeals of Oregon.

Decided January 9, 2002.

Attorney(s) appearing for the Case

Margaret H. Leek Leiberan, Portland, argued the cause and filed the briefs for appellant. With her on the opening brief was Richard A. Weill, Troutdale.

Brian D. Chenoweth, Portland, argued the cause for respondent. With him on the brief were Christopher A. Rycewicz and Rycewicz & Chenoweth, LLP.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

This appeal stems from two cases, consolidated on appeal by stipulation of the parties, concerning a contract between D & L Excavating and Trucking, Inc. (D & L) and Eden Gate, Inc. (Eden Gate). The contract called for D & L to decommission an underground storage tank on Eden Gate's property and to remove nearby contaminated soil. In one case, a Multnomah County court found that D & L had breached the contract. The court entered judgment...

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