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ROSS BROS. CONST. CO., INC. v. STATE, ETC.

No. 119 933; CA A22650.

650 P.2d 1080 (1982)

59 Or.App. 374

ROSS BROS. CONSTRUCTION CO., Inc., an Oregon Corporation, Respondent, v. STATE of Oregon, Acting by and through Its Transportation Commission, Highway Division, Appellant.

Court of Appeals of Oregon.

Decided September 15, 1982.

Attorney(s) appearing for the Case

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the briefs were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Elizabeth Yeats, Portland, argued the cause for respondent. On the brief were Daniel J. Seifer, and Kobin & Meyer, P.C., Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff seeks to recover damages from the Oregon Transportation Commission, Highway Division (Highway), for breach of a contract for construction of a new bridge and removal of an existing bridge. The parties filed cross-motions for summary judgment. The trial court found an ambiguity in the contract and granted plaintiff a partial summary judgment. Highway appeals. We reverse.1

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