FIRST INTERSTATE v. SILVEY-BARNES PROP.

A8209-05644, A8303-01387, A8303-01620 and A8303-01999; CA A30551, CA A33461 and CA A33461.

721 P.2d 878 (1986)

80 Or. App. 197

FIRST INTERSTATE BANK OF OREGON, N.A., Plaintiff, v. SILVEY-BARNES PROPERTIES, a General Partnership consisting of Silvey Development Corp., an Oregon corporation, and William G. Barnes & Son Company, Inc., a California corporation, Appellants, Donald V. Silvey; Cinda L. Silvey; Donald S. Silvey; Viola S. Silvey; William G. Barnes; John D. Barnes; Bruce W. Barnes; John Hayden, Jr.; Mary L. Wilson, Norman White and Olivia White dba Lilles and White; Silvey and White, a general partnership consisting of Silvey-Barnes Development, a joint venture of Silvey Development Corp. and William G. Barnes and Son Co., Inc., and Norman White and Olivia White, husband and wife; Silvey-White, a general partnership consisting of Silvey Development Corp. and William G. Barnes and Son Company, Inc.; Erik Roy Gustafsson dba Corey A. Gustaffson Co.; Don Obrist, Inc., an Oregon corporation; Harrington Bomanite, Inc., an Oregon corporation; Ronald W. Hedin; Kenneth Smelser; Clunas Industries, Inc., an Oregon corporation; Ren Industries, Inc., an Oregon corporation; Charles A. Harper dba Superior Sub-Flooring; Bedlion & Hellums Plmbg., Inc., an Oregon corporation; Interstate Wallboard & Acoustical Co., Inc., an Oregon corporation; Barbara Hogan; Phil Hogan; Teton Construction, Inc., an Oregon corporation; Mercer Industries, Inc., an Oregon corporation; Crown-Columbia Corporation, an Oregon corporation; Intermountain Wholesale Company, an Oregon corporation; Terrace W. Cook; Waunda Crosby dba Crosby Construction; Tom's Custom Floors, Inc., an Oregon corporation; Michael D. Caldwell and Gregory L. Caldwell dba Caldwell Brothers Concrete; Dave Seitzinger dba Dave's Masonry; Spencer Biddle Dick and Robert Willington Rice dba Benchmark Design, a limited partnership, Defendants. Merle E. Greenstein; Ralph S. Markewitz; Dennis B. Battles; Respondents. Norman and Olivia WHITE, Cross-claim and Third-party Plaintiffs, v. SILVEY DEVELOPMENT CORP. and William G. Barnes & Son Co., Inc., a joint venture, dba Silvey-Barnes Properties and Bruce W. Barnes, William G. Barnes, Bolster and Associates and First Interstate Bank of Oregon, N.A., Cross-claim and Third-party Defendants. WILLIAM G. BARNES & SON COMPANY, INC., Plaintiff, v. SILVEY-BARNES PROPERTIES, et al, Defendants. PHIL HOGAN ROOFING CO., Plaintiff, v. SILVEY-BARNES PROPERTIES, et al., Defendants. COLUMBIA SHEET METAL, INC. Plaintiff, v. Norman WHITE, et al, Defendants.

Court of Appeals of Oregon.

Decided July 2, 1986.


Attorney(s) appearing for the Case

Stephen T. Janik, Portland, argued the cause for appellants. With him on briefs were Ball, Janik & Novack, Portland.

Rex Armstrong, Portland, argued the cause for respondents. With him on brief were Kell, Alterman & Runstein, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


WARDEN, Judge.

This case began when First Interstate Bank (Bank) filed an action to foreclose a mortgage on a parcel of real estate in Multnomah County. That action eventually was consolidated with lien foreclosure actions involving the same property. In addition, defendants Greenstein, Markewitz and Battles (GMB) filed a cross-claim against defendants Silvey Development Corporation (Silvey Development) and Silvey-Barnes Properties (Silvey-Barnes), a joint venture...

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