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TRANSCO NORTHWEST, INC. v. ALLIED EQUITIES CORP.

552 P.2d 824 (1976)

TRANSCO NORTHWEST, INC., an Oregon Corporation, Appellant, v. ALLIED EQUITIES CORPORATION, a Nevada Corporation, Dba Empire Building Material Co., Respondent, and First National Bank of Oregon, a National Banking Association, et al., Defendants.

Supreme Court of Oregon, In Banc.

Decided August 5, 1976.

Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for appellant. With him on the briefs were Thomas L. Gallagher, Jr., Hardy, Buttler, McEwen, Weiss & Newman, Portland.

James N. Westwood, Portland, argued the cause for respondent. With him on the brief were Fredric A. Yerke, Miller, Anderson, Nash, Yerke & Wiener, Portland.

McALLISTER, Justice.

The plaintiff Transco Northwest, Inc., brought this suit to foreclose its mechanic's lien to collect the balance owing for materials, equipment and services furnished by plaintiff in the construction of an industrial plant on defendant's land. Plaintiff sought a judgment against defendant Allied Equities Corporation and a decree foreclosing its lien.

Defendant filed a plea in abatement and answer to plaintiff's complaint. In its plea ...

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