State Highway Commission v. DeLong Corp.

This is a declaratory judgment action. The principal questions between the parties were disposed of by this court in an opinion appearing at 9 Or App 550, 495 P2d 1215, Sup Ct review denied (1972), cert de*438nied 411 US 965, rehearing denied 412 US 944 (1973), in which we affirmed the judgment of the trial court in favor of the plaintiff. Following the conclusion of that matter, defendant’s surety, Travelers Indemnity Company, paid on or about June 11, 1973, the sum of $4,036,540.80 in claimed satisfaction of that judgment. On that date plaintiff filed its Satisfaction of Judgment Pro Tanto “for…