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COLHOUER v. UNION PACIFIC RAILROAD COMPANY

551 P.2d 1291 (1976)

J.C. COLHOUER, Dba Colhouer Construction Company, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, and Union Pacific Land Resources Corporation, a Utah Corporation, Respondents.

Supreme Court of Oregon, In Banc.

Decided July 15, 1976.

Attorney(s) appearing for the Case

Ferris F. Boothe, Portland, argued the cause for appellant. With him on the briefs were Douglas G. Beckman, and Black, Kendall, Tremaine, Boothe & Higgins, Portland.

Frank H. Lagesen, Portland, argued the cause for respondent Union Pacific Land Resources Corp. With him on the brief were Cosgrave & Kester, Portland.

McALLISTER, Justice.

The plaintiff J.C. Colhouer brought this suit in equity to foreclose a mechanic's lien against the defendant Union Pacific (U.P.) and against other former lien claimants, Krieg and Cascade. The complaint as against Krieg and Cascade was dismissed at or before the time of trial.

Union Pacific asserted as a defense that Colhouer was barred by the doctrine of res judicata from bringing this action.

After trial, the court entered judgment...

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