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CLACKAMAS TOWN CENTER v. JANDEL FOODS

87-11-190; CA A49239.

777 P.2d 420 (1989)

98 Or.App. 12

CLACKAMAS TOWN CENTER Associates, a California Limited Partnership, Appellant, v. JANDEL FOODS, Inc., an Oregon Corporation Dba Hart's Bar & Grille, Defendant, and Phillip C. Querin, Respondent.

Court of Appeals of Oregon.

Decided August 9, 1989.

Attorney(s) appearing for the Case

Lee Aronson, Portland, argued the cause for appellant. With him on the briefs were Gile R. Downes and Schulte, Anderson, DeFrancq, Downes & Carter, P.C., Portland.

Tracy J. Mabry, Portland, argued the cause for respondent. With her on the brief was Ragen, Tremaine, Krieger, Schmeer & Neill, Portland.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

BUTTLER, Presiding Judge.

Plaintiff seeks a declaration that its right of setoff against a judgment owed by it to defendant Jandel Foods, Inc. (Jandel) takes priority over an attorney's lien held by defendant Querin on that judgment. The trial court granted summary judgment to Querin, holding that his attorney's lien on Jandel's judgment against plaintiff takes precedence over plaintiff's right of setoff. Plaintiff appeals...

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