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OSBERG CONSTRUCTION CO. v. CITY OF THE DALLES

Civ. No. 67-526.

300 F.Supp. 442 (1969)

OSBERG CONSTRUCTION CO., a Washington corporation, and United Pacific Insurance Co., a Washington corporation, Plaintiffs, v. CITY OF THE DALLES, a municipal corporation organized and existing under the laws of the State of Oregon; John D. Skirving, Mayor of the City of The Dalles; and Walter Long, Donnelle Smith, William Tood, Ned Temple and Ray Matthews, Councilmen of the City of The Dalles, Defendants.

United States District Court D. Oregon.

May 22, 1969.

Attorney(s) appearing for the Case

R. W. Nahstoll, Lindsay, Nahstoll, Hart, Dafoe & Krause, Portland, Or., for plaintiffs.

James K. Buell, Phillips, Coughlin, Buell & Phillips, Portland, Or., and Charles A. Phipps, Phipps, Phipps & Dunn, The Dalles, Or., for defendants.

OPINION

KILKENNY, District Judge:

The plaintiff, Osberg Construction Company (Osberg), submitted, along with its bid on a contract to be let by the defendant, City of The Dalles (City), a bid bond in the sum of $24,998.75. According to the Information to Bidders ¶ 8 of the Contract Documents for the contract, that bond would be forfeited as liquidated damages in the event that the bidder was awarded the contract and failed to accept within 10 days....

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