Oregon ex rel. Howard Cooper Corp. v. St. Paul Mercury Indemnity Co.

Howard Cooper Corporation, the appellant herein, filed an action in the district court of Oregon against St. Paul Mercury Indemnity Company, one of the appellees herein, seeking to recover the sum of $28,651.40. The appellant is an Oregon corporation, and the appellees are a Delaware and a Minnesota corpora *33 tion respectively. 1 The district court had jurisdiction by reason of 28 U.S.C.A. § 1332 , and jurisdiction in this court is based upon 28 U.S.C.A. § 1291 .

Jack Robinson, Contractor, Inc., hereinafter called “contractor”, was a road building contractor incorporated under the laws of the State of Oregon. On September 22, 1955, it accepted a contract from the United States Department of Commerce, Bureau of Public Roads. The contract, Road Building Contract No. 89225, was for road construction work and will hereafter be referred to as the “bureau job”. The contractor was also awarded a road building contract from the Oregon State Highway Department, contract No. 4648, which will hereinafter be referred to as the “state job”. Both road building jobs were in the same general area, but the sites were approximately 19 miles apart. Appellee St. Paul Mercury Indemnity Company…