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STATE, McAMIS INDUSTRIES v. M. CUTTER CO.

(9504-02347; CA A101156)

984 P.2d 909 (1999)

161 Or. App. 631

The STATE of Oregon, for the Use and Benefit of McAMIS INDUSTRIES OF OREGON, INC., an Oregon corporation, Respondent—Cross-Appellant, v. M. CUTTER COMPANY, an Oregon corporation, and Indemnity Company of California, a California corporation, Appellants—Cross-Respondents.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

E. Joseph Dean, Portland, argued the cause and filed the briefs for appellants— cross-respondents.

H. Lee Cook, Portland, argued the cause for respondent—cross-appellant. With him on the reply brief was Stewart, Sokol & Gray, LLC.

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

BREWER, J.

Defendants M. Cutter Company (Cutter) and Indemnity Company of California (ICC) appeal from a money judgment following a trial to the court in this breach of contract action stemming from damage to two barges. Among other contentions on appeal, defendants assign error to the trial court's refusal to grant summary judgment or, alternatively, their motion at trial for judgment as a matter of law in their favor on the ground that plaintiff's claim was barred...

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