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THOMAS CREEK LUMBER v. STATE FORESTER

96-341-94-03; CA A98920.

970 P.2d 659 (1998)

157 Or. App. 204

THOMAS CREEK LUMBER & LOG CO., Petitioner, v. STATE FORESTER, Respondent.

Court of Appeals of Oregon.

Decided November 18, 1998.

Attorney(s) appearing for the Case

Joseph A. Yazbeck argued the cause for petitioner. With him on the briefs was Susan L. Bristow.

John T. Bagg, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

This proceeding stems from a dispute over the provisions of a contract between the State Forester (Forester) and Thomas Creek Lumber and Log Company (Thomas Creek) for the sale of timber known as the "Spruce Goose combination," located near Astoria. Thomas Creek bid on the sale and was awarded the contract in 1994. In 1996, Thomas Creek failed to make a payment for the timber as required by the contract, and the Forester served Thomas Creek with a notice...

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