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STATE EX REL KONEN CONSTRUCTION CO. v. U.S.F. & G. CO.

240 Or. 295 (1965)

401 P.2d 48

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

Supreme Court of Oregon.

Affirmed April 21, 1965.

Attorney(s) appearing for the Case

Paul C. Keeton, Lewiston, Idaho, and J.W. Rosacker, Portland, argued the cause for appellant. On the brief were Paul C. Keeton and McCarty & Rosacker.

Dwight L. Schwab, Portland, argued the cause for respondents. On the brief were Hutchinson, Schwab & Burdick, Portland, and Minnick & Hahner, Walla Walla, Washington.

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

AFFIRMED.

LUSK, J.

This case is here for the second time. See Konen Const. Co. v. U.S. Fid. & Guar. Co., 234 Or. 554, 380 P.2d 795, 382 P.2d 858. It commenced as an action against the United States Fidelity & Guaranty Company, hereinafter referred to as the surety, on a highway construction bond. Relator, J.F. Konen Construction Company, an Idaho corporation, hereinafter referred...

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