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KRIEG v. UNION PACIFIC LAND RESOURCES CORPORATION

525 P.2d 48 (1974)

William E. KRIEG, dba Krieg Construction Company, Respondent, Cross-Appellant, v. UNION PACIFIC LAND RESOURCES CORPORATION, a Utah Corporation, Respondent, J.C. Colhouer, Dba Colhouer Construction Company, Appellant, Cross-Respondent, Cascade Construction Company, Inc., an Oregon Corporation, Respondent, the Bohemian Restaurant, Inc., an Oregon Corporation, and Walter J. Kraus, Defendants.

Supreme Court of Oregon.

Decided August 1, 1974.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, for appellant, cross-respondent J.C. Colhouer, dba Colhouer Construction Co. With him on the briefs were Douglas G. Beckman and Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Frank H. Lagesen, Portland, for respondent Union Pacific Land Resources Corp. On the brief were Cosgrave & Kester, Portland.

Alan K. Brickley, Portland, for respondent, cross-appellant William E. Krieg, dba Krieg Construction Co. On the brief were Davis, Jensen, DeFrancq & Holmes, Portland.

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

McALLISTER, Justice.

This is a suit to foreclose a mechanic's lien on a city block in downtown Portland bounded by Washington and Alder Streets and Ninth and Tenth Avenues, known as Block 216, owned by the defendant Union Pacific Land Resources Corporation, hereinafter referred to as "U.P."

On May 17, 1971, U.P. contracted with the defendant J.C. Colhouer to demolish and dispose of the buildings on three-fourths of Block 216 and to construct on the cleared...

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