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A.H. BARBOUR & SON v. STATE HIGHWAY COM.

248 Or. 247 (1967)

433 P.2d 817

A.H. BARBOUR & SON, INC., Respondent, v. STATE HIGHWAY COMMISSION, Appellant.

Supreme Court of Oregon.

Affirmed November 22, 1967.

Attorney(s) appearing for the Case

Alan H. Johansen, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Attorney General, and G.E. Rohde, Assistant Attorney General and Chief Counsel for Oregon State Highway Commission.

Paul R. Meyer, Portland, argued the cause for respondent. With him on the brief was Norman B. Kobin.

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

AFFIRMED.

LUSK, J.

This is an action by a contractor to recover additional compensation from the State of Oregon acting by and through its State Highway Commission for work done under a contract for the maintenance cleaning and painting of all structural steel in the three steel spans below the roadway slab of the Yaquina Bay Bridge at Newport, Oregon.

In a trial before the court without a jury the court entered findings of fact and conclusions of...

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