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U.S. FIDELITY AND GUAR. v. STANLEY CONTRACTING

No. 03-796-KI.

396 F.Supp.2d 1157 (2005)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Plaintiff, v. STANLEY CONTRACTING, INC., an Oregon Corporation; James A. Stanley, an individual, Defendants. Stanley Contracting, Inc., an Oregon Corporation; James A. Stanley, an individual, Third-Party Plaintiff, v. City Of Carlton, an Oregon Municipal Corporation, Third-Party Defendant.

United States District Court, D. Oregon.

October 17, 2005.

Attorney(s) appearing for the Case

Joseph A. Yazbeck, Yazbeck, Cloran & Hanson, LLC, Portland, Oregon, for Defendant, Third-Party Plaintiffs.

Gary A. Rueter, John N. McKeegan, Haugeberg Rueter Gowell Fredricks, Higgins & McKeegan P.C., McMinnville, Oregon, for Third-Party Defendant, City of Carlton.

OPINION AND ORDER

KING, District Judge.

Third-party plaintiff Stanley Contracting, Inc. ("Stanley") contracted with third-party defendant City of Carlton ("Carlton") for construction of improvements to Carlton's water system. When problems arose, Carlton terminated Stanley. Stanley and its principal, Jimmy Stanley, allege claims against Carlton for breach of contract, breach of the implied covenant of good faith, and breach of the warranty of drawings and...

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