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STATE THROUGH DEPT. OF TRANSP. v. SCOTT

No. A7711-16420; CA 19390.

650 P.2d 158 (1982)

59 Or.App. 25

STATE of Oregon, Acting THROUGH Its Department of Transportation and the Highway Division Thereof, On the Relation of LaGrande Industrial Supply Co., an Oregon Corporation, Plaintiff, v. Gene SCOTT, Dba Waconda West Construction; United States Fidelity and Guaranty Company, a Maryland Corporation, Appellants, and Edward Columbus and Bernice Columbus, Dba Columbus Painting Company and B & E Painting, Inc., an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided September 1, 1982.

Attorney(s) appearing for the Case

Richard E. Alexander, Portland, argued the cause and filed the brief for appellants.

D. Michael Mills, Salem, waived appearance for respondents.

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

WARDEN, Judge.

On January 31, 1977, defendant Scott, doing business as Waconda West Construction (Scott) entered into a contract as prime contractor with the Oregon State Highway Division to perform cleaning and painting and to install safety devices on the Columbia River (Astoria) bridge for $328,978. Defendant United States Fidelity and Guaranty Company, (USF&G) provided the performance bond for Scott on the project...

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