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BANK OF LEBANON v. J & W LUMBER CO.

448 P.2d 367 (1968)

BANK OF LEBANON, an Oregon Banking Corporation, Plaintiff, v. J & W LUMBER CO., an Oregon Corporation, Defendant, State Compensation Department, Successor in Interest to State Industrial Accident Commission, and J.N. Peet, Department of Employment Commissioner of the State of Oregon, Respondents, United States of America, Appellant. Nice Electric Co., an Oregon Corporation, Substituted for Eoff Electric Company, an Oregon Corporation, Plaintiff, v. J & W LUMBER CO., an Oregon Corporation, Defendant, State Compensation Department, Successor in Interest to State Industrial Accident Commission, and J.N. Peet, Department of Employment Commissioner of the State of Oregon, Respondents, United States of America, Appellant. State Compensation Department, Successor in Interest to State Industrial Accident Commission, Respondent, v. J & W LUMBER CO., an Oregon Corporation, Defendant, J.N. Peet, Department of Employment Commissioner of the State of Oregon, Respondent, United States of America, Appellant.

Supreme Court of Oregon, Department 2.

Decided December 11, 1968.

Attorney(s) appearing for the Case

Edward Lee Rogers, Washington, D.C., argued the cause for appellant. With him on the briefs were Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson and Karl Schmeidler, Washington, D.C., and Sidney I. Lezak, U.S. Attys., Portland.

Cliff A. Allison, Asst. Atty. Gen., Salem, argued the cause for respondent State Compensation Dept. With him on the brief were Robert Y. Thornton, Atty. Gen., and Wallace Carpenter, Asst. Atty. Gen., Salem, and E. Nordyke and Murley M. Larimer, Asst. Attys. Gen., Salem, for respondent, Dept. of Employment.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and LUSK, JJ.

SLOAN, Justice.

Plaintiff, Bank of Lebanon, started this suit to foreclose a mortgage on property owned by defendant J & W Lumber Co. Other lienholders were named as party defendants including the State Compensation Department, the Commissioner of the Department of Employment and the United States. The mortgage has long since been foreclosed and the property sold. What remains is a contest between the state agencies just named and the United States as to the priority...

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