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CAL-ROOF WHOLESALE, INC. v. CONTRACTORS WEST, INC.

497 P.2d 1181 (1972)

CAL-ROOF WHOLESALE, INC., Respondent, v. CONTRACTORS WEST, INC., Douglas M. Thompson, Trustee, Western Savings and Loan Company, et al., Respondents, Richard E. Hodge, Dba Pioneer Co. Insulation, Appellant.

Supreme Court of Oregon.

Decided June 14, 1972.

Attorney(s) appearing for the Case

Brian W. O'Brien, Portland, argued the cause and filed a brief for appellant.

Douglas M. Thompson, Portland, argued the cause for respondent Western Savings and Loan Company. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

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

HOLMAN, Justice.

The appellant, Hodge, is a subcontractor who seeks foreclosure of his mechanic's lien for labor and materials furnished in the construction of an apartment complex. The only issue is whether Hodge's lien has priority over the previously recorded trust deed given to secure Western Savings and Loan Company (Western) which financed the major cost of construction. Hodge gave no notice to Western as required by ORS 87.025(3)1

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