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COATS v. ODOT

No. 94-01-10670L; CA A88581.

927 P.2d 108 (1996)

144 Or. App. 449

R.L. COATS, Respondent, v. STATE of Oregon, By and Through its DEPARTMENT OF TRANSPORTATION, Appellant.

Court of Appeals of Oregon.

Decided November 13, 1996.

Attorney(s) appearing for the Case

Stephanie L. Striffler, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Max Merrill, Bend, argued the cause for respondent. With him on the brief was Merrill, O'Sullivan, Macritchie, Petersen & Dixon.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

The Oregon Department of Transportation (ODOT) appeals from a judgment awarding plaintiff costs and attorney fees pursuant to ORS 279.435(5). We reverse.

Plaintiff Coats was the successful bidder on a project involving construction on Highway 20. Approximately 90 percent of the funding for the project was from federal funds and, as a condition of receipt of the funds, the state was required to provide assurance of compliance with Title VI...

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