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MAGNOLIA LBR. CORP. v. LITHIA LBR. CO.

241 Or. 62 (1965)

404 P.2d 188

MAGNOLIA LUMBER CORPORATION, INC. v. LITHIA LUMBER COMPANY, INC.

Supreme Court of Oregon.

Denied July 15, 1965.

Attorney(s) appearing for the Case

Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, and Collins, Redden & Mullen, Medford, for the motion.

Jones and Reeder, Medford, and Keane, Haessler, Bauman and Harper, Portland, contra.

Before ROSSMAN, Presiding Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

MOTION TO DISMISS DENIED.

PERRY, J.

The plaintiff, Magnolia Lumber Corporation, Inc., heretofore filed a motion to dismiss this appeal which was denied without opinion, but with leave to renew on argument. The motion was renewed.

In July, 1961, plaintiff Magnolia commenced suit to foreclose its mortgage upon property of the defendant Lithia Lumber Company, Inc. The trial court entered a decree foreclosing the mortgage and the defendant Lithia has appealed...

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