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STATE COMPENSATION DEPT. v. CITIZENS VALLEY BK

480 P.2d 441 (1971)

STATE COMPENSATION Department, Appellant, v. BEAVER CREEK LUMBER COMPANY, Inc., an Oregon Corporation, et al., Defendants, CITIZENS VALLEY Bank, Respondent.

Court of Appeals of Oregon, Department 2.

Decided January 28, 1971.

Rehearing Denied March 9, 1971.

Review Denied April 13, 1971.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

James H. Jordan and Peter L. Powers, Albany, argued the cause for respondent. With them on the brief were Weatherford, Thompson, Horton & Jordan, Albany.

Before SCHWAB, C.J., and LANGTRY, BRANCHFIELD, and HOLMAN, JJ.

HOLMAN, Judge Pro Tem.

This was a suit by the State Accident Insurance Fund (the Fund) to foreclose two liens for contributions due to the Fund from the defendant Beaver Creek Lumber Company (Beaver Creek). The property claimed to be subject to the liens is both real and personal. Various parties claim an interest in the property, including the defendant Citizens Valley Bank (the Bank), which had both mortgage and judgment liens that were prior in time to the liens...

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