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WESTERN SUR. v. FDS DIVING CONST.

0202-01814; A120099.

88 P.3d 293 (2004)

193 Or. App. 1

WESTERN SURETY COMPANY, a South Dakota corporation, Plaintiff, v. FDS DIVING CONSTRUCTION AND SALVAGE CO., INC., an Oregon corporation; Fred D. Stambaugh; Cherie L. Stambaugh; Joseph A. Stambaugh; and Dixie L. Stambaugh, Defendants. FDS Marine, LLC, Assignee FDS Diving Construction and Salvage Co., Inc., an Oregon corporation; Fred D. Stambaugh; Cherie L. Stambaugh; Joseph A. Stambaugh; and Dixie L. Stambaugh, Appellants, v. General Construction Company, Respondent.

Court of Appeals of Oregon.

Decided April 14, 2004.

Attorney(s) appearing for the Case

Timothy W. Grabe, Portland, argued the cause and filed the briefs for appellants.

Daniel L. Keppler argued the cause for respondent. With him on the brief were Susan E. Watts and Kennedy, Watts, Arellano & Ricks LLP, Portland.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Third-party plaintiffs FDS Marine, LLC, FDS Diving Construction and Salvage Co., Inc., and their individual shareholders (collectively, FDS) appeal a summary judgment dismissing their claims against General Construction Company (General Construction) for breach of contract and quantum meruit. FDS contends that the trial court erred in entering summary judgment on their claims because there are genuine issues of material fact about whether a release...

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