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GERLINGER INDUS. CORP. v. OR. DEPT. OF TRANSP.

No. 92068; CA 12306.

600 P.2d 428 (1979)

42 Or.App. 103

GERLINGER INDUSTRIES CORP., an Oregon Corporation, Respondent, v. OREGON DEPARTMENT OF TRANSPORTATION, Highway Division, a State Agency, Defendant, and Gordon H. Ball, Inc., a Nevada Corporation, Appellant.

Court of Appeals of Oregon.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Nancy Tauman, Oregon City, argued the cause for appellant. With her on the brief were James C. Tait and Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Bruce W. Williams, Salem, argued the cause for respondent. With him on the brief was Williams, Spooner & Graves, Salem.

Before THORNTON, P.J., and BUTTLER and JOSEPH, JJ.

THORNTON, Presiding Judge.

Gordon H. Ball, Inc. (Ball), a highway contractor for defendant Oregon Department of Transportation, appeals from a verdict and judgment for plaintiff for negligently causing damage to plaintiff's land, a three acre parcel, in the course of widening Interstate Highway No. 5. Most of Ball's contentions on appeal focus on the testimony of the plaintiff's president, John Kitzmiller, Jr., who was plaintiff's only witness as to the amount of...

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