LOWE v. INSTITUTIONAL INVESTORS TRUST


529 P.2d 920 (1974)

Charles L. LOWE, doing business as Valley Fence Co., Respondent, v. INSTITUTIONAL INVESTORS TRUST, a Massachusetts business trust, et al., Appellant. Pacific Western Mobile Estates, Inc., Defendants.

Supreme Court of Oregon.

Decided December 19, 1974.


Attorney(s) appearing for the Case

Robert L. Nash, Portland, argued the cause for appellant. With him on the brief were William M. McAllister and Davies, Biggs, Strayer, Stoel & Boley, Portland.

Jack L. Mattison, Eugene, argued the cause for respondent. With him on the brief were Donald A. Gallagher and Jaqua & Wheatley, Eugene.

Before O'CONNELL, C.J., and HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.


SLOPER, Justice Pro Tem.

This is an appeal from an order denying defendant Institutional Investors Trust's motion to set aside a default judgment entered against it and a motion in the alternative for a reduction in the amount of attorney fees awarded to plaintiff.

The record establishes that plaintiff filed a suit in equity on November 27, 1973, to foreclose a mechanic's lien claim for labor and materials furnished in the construction of a mobile home park...

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