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MORRISON v. STATE HIGHWAY COM.

225 Or. 178 (1960)

357 P.2d 389

MORRISON ET AL v. STATE HIGHWAY COMMISSION

Supreme Court of Oregon.

Reversed December 7, 1960.

Attorney(s) appearing for the Case

J. Robert Patterson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, Leonard I. Lindas and Charles Peterson, Assistant Attorneys General, Salem.

George A. Rhoten, Salem, and John K. Kottkamp, Pendleton, argued the cause for respondents. On the briefs were Rhoten, Rhoten & Speerstra, Salem, and Fabre, Collins & Kottkamp, Pendleton.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, GOODWIN and HOWELL, Justices.

REVERSED.

HOWELL, J. (Pro Tempore)

Plaintiffs, construction contractors, sued the state of Oregon through the State Highway Commission for certain additional costs arising out of the construction of approximately five miles of highway in Wallowa county. Plaintiffs assert they are entitled to additional compensation because of unusual or unexpected conditions encountered during the construction of this highway within...

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