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CONSOLIDATED ELEC. DIST., INC. v. JEPSON ELEC. CON.

537 P.2d 80 (1975)

CONSOLIDATED ELECTRICAL DISTRIBUTORS, Inc., a Delaware Corporation, Appellant, v. JEPSON ELECTRICAL CONTRACTING, Inc., an Oregon Corporation, et al., Respondents (Two Cases).

Supreme Court of Oregon.

Decided June 26, 1975.

Attorney(s) appearing for the Case

Robert L. Allen, Portland, argued the cause for appellant. With him on the briefs were Chris L. Mullmann, Robert K. Winger, and Morrison, Dunn, Cohen, Miller & Carney, Portland.

James A. McClaskey, Portland, argued the cause for respondents. With him on the brief were Stuart W. Hill, and Gilley, Busey & Porter, Portland.

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

HOLMAN, Justice.

Plaintiff filed individual suits to foreclose separate liens against two owners and the cases were consolidated for trial and upon appeal. Plaintiff appeals from decrees holding both liens invalid.

Defendants Thunderbird-Klamath Falls, Inc. (Thunderbird), and Nyback Flower Fair (Nyback), each constructed an individual building upon respectively owned adjacent pieces of property. The construction of both improvements was undertaken by a common...

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