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FIREMAN'S FUND INS. CO. v. COZAD CONST.

CC-83-499; CA A39528.

745 P.2d 432 (1987)

88 Or.App. 321

FIREMAN'S FUND INSURANCE CO., Appellant, v. COZAD CONSTRUCTION COMPANY, Respondent.

Court of Appeals of Oregon.

Decided November 18, 1987.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the brief was Mitchell, Lang & Smith, Portland.

Richard M. Botteri, Portland, argued the cause for respondent. With him on the brief was Weiss, DesCamp & Botteri, A Professional Corp., Portland.

Before WARDEN, P.J., JOSEPH, C.J. and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

The United States Forest Service let a contract to Vinson-Kirby, a partnership, to build roads in the Willamette National Forest. Plaintiff, Fireman's Fund, issued bonds to secure Vinson-Kirby's performance of the contract, including payment of subcontractors. The individual partners and the partnership agreed to indemnify plaintiff for any losses sustained under the bonds.

Work under the contract began in late 1978. On December 31, 1980...

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