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KEY WEST v. HOLM II

99CV0145; A111705.

59 P.3d 1280 (2002)

185 Or.App. 182

STATE of Oregon, for the use and benefit of KEY WEST RETAINING SYSTEMS, INC., an Oregon corporation, Appellant, v. HOLM II, INC., an Oregon corporation; and United States Fidelity and Guaranty Company, a Maryland corporation, Respondents. Holm II, Inc., an Oregon corporation; and United States Fidelity and Guaranty Company, a Maryland corporation, Third-Party Plaintiffs, v. Harold Hilfiker and William Hilfiker, dba Hilfiker Retaining Walls, Third-Party Defendants.

Court of Appeals of Oregon.

Decided November 27, 2002.

Attorney(s) appearing for the Case

Wayne Mackeson, Portland, argued the cause for appellant. With him on the briefs was Dennis M. Odman.

Joseph A. Yazbeck, Portland, argued the cause for respondents. With him on the brief were Lance B. Erz, The Dalles, and Yazbeck & Hanson, L.L.C.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

WOLLHEIM, J.

This action arises out of a contract to widen Highway 101 where it follows Brush Creek in the Humbug Mountain Canyon. Plaintiff Key West Retaining Systems, Inc. (Key West) was a subcontractor to Holm II, Inc. (Holm II), the general contractor. Key West brought this action when Holm II refused to pay the amount due under the subcontract. Holm II's answer alleged setoffs and counterclaims against Key West. The trial court ruled that Key West was entitled...

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