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DEVLIN v. MILWAUKIE COVENANT CHURCH

557 P.2d 647 (1976)

276 Or. 1207

Edward L. DEVLIN, Dba Devlin Construction, Respondent, v. MILWAUKIE COVENANT CHURCH, an Oregon Non-Profit Corporation, and National Covenant Properties, an Illinois Corporation, Appellants.

Supreme Court of Oregon, Department No. 2.

Decided December 30, 1976.

Attorney(s) appearing for the Case

Norman L. Lindstedt, Portland, argued the cause for appellants. With him on the brief were Lindstedt & Buono, Portland.

John C. Anicker, Jr., Oregon City, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and O'CONNELL, TONGUE and BOHANNON, JJ.

BOHANNON, Justice pro tem.

This same case was before this court previously and is reported at 269 Or. 596, 525 P.2d 998 (1974).

This case was commenced as a suit to foreclose a mechanic's lien for labor and materials furnished by the plaintiff toward the construction of a new church building for the defendant Milwaukie Covenant Church, an Oregon nonprofit corporation. As a result of the original trial a decree of foreclosure...

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