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KONEN CONST. CO. v. U.S. FID. & GUAR. CO.

234 Or. 554 (1963)

380 P.2d 795

STATE EX REL KONEN CONSTRUCTION CO. v. UNITED STATES FIDELITY & GUARANTY COMPANY, GRAHAM ET AL

Supreme Court of Oregon.

Affirmed as modified April 17, 1963.

Petition for rehearing denied, former opinion modified June 19, 1963.

Attorney(s) appearing for the Case

H.H. Hahner, Walla Walla, Washington, argued the cause for appellants and intervening defendants. On the briefs were Hutchinson, Schwab & Burdick, Portland, and Minnick & Hahner, Walla Walla, Washington.

Paul C. Keeton, Lewiston, Idaho, argued the cause for respondent and cross-appellant. With him on the brief were McCarty & Rosacker, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED AS MODIFIED.

DENECKE, J.

The plaintiff, J.F. Konen Construction Co., contracted to supply crushed rock to the intervening defendants, hereinafter called Braden, in furtherance of Braden's road contract with the Oregon State Highway Department. The defendant United States Fidelity & Guaranty Company, hereinafter called USF & G, was surety on Braden's construction bond. The primary questions concern...

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