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STOCKTON v. SILCO CONSTRUCTION CO.

9108-04931; CA A75975.

860 P.2d 851 (1993)

123 Or. App. 504

Jeff STOCKTON, an individual, Donald Stone, an individual, Lauren Burr, an individual, Susan Burr, an individual, William Weldon, an individual, Oregon Liquor Control Commission ex rel Jeff Stockton, and Portland Public Schools ex rel Jeff Stockton, Appellants, v. SILCO CONSTRUCTION COMPANY, an Oregon corporation, United States Fidelity and Guaranty Company, a Maryland corporation, Respondents.

Court of Appeals of Oregon.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Mark R. Humphrey, and Eric J. Fjelstad, Portland, filed the briefs for appellants.

Elizabeth H. Yeats, Portland, argued the cause for respondents. With her on the brief was Seifer, Yeats, Whitney & Mills, Portland.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.

DEITS, Presiding Judge.

The individual plaintiffs (plaintiffs) were employed by B & R Excavation (B & R), a subcontractor on several public works projects. Defendant Silco Construction Company (defendant)1 was the general contractor. B & R failed to pay plaintiffs the prevailing rate of wage. It is now bankrupt. Plaintiffs brought this action to recover the deficiency from defendant, along with other relief. They proceeded...

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