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BENJ. FRANKLIN FED. SAV. & L. ASS'N v. HALLMARK

479 P.2d 740 (1971)

BENJ. FRANKLIN FEDERAL SAVINGS AND LOAN ASS'N., Respondent, v. HALLMARK, Inc., et al., Defendants, Jack Largent Company, Inc., an Oregon Corporation, T & J Masonry, Inc., an Oregon Corporation, Appellants.

Supreme Court of Oregon, Department 1.

Decided January 27, 1971.

Attorney(s) appearing for the Case

F.P. Stager, Salem, argued the cause for appellant Jack Largent Co., Inc. With him on the briefs was Howard Kaffun, Salem, for appellant T & J Masonry, Inc.

Kenneth W. Baines, Portland, argued the cause for respondent. With him on the brief were Wheelock, Richardson, Niehaus, Baines & Murphy, Portland.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, and HOWELL, JJ.

HOLMAN, Justice.

This is a suit to foreclose a mortgage held by plaintiff which secured a residence construction loan made to the defendant Hallmark, Inc. Defendants Jack Largent Co., Inc., and T & J Masonry, Inc., are each the holder of a mechanic's and materialman's lien upon the improvement pursuant to ORS 87.010(1).1 The two lienors (hereinafter referred to as defendants) have appealed...

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