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J.W. COPELAND YARDS v. PHILLIPS

550 P.2d 438 (1976)

J.W. COPELAND YARDS, an Oregon Corporation, Appellant, v. John Edwin PHILLIPS et al., Respondents. Washington Capital Corporation, a Washington Corporation, Respondent, v. John E. Phillips, Also Known As John Edwin Phillips, et al., Respondents, J.W. Copeland Yards, an Oregon Corporation, Appellant.

Supreme Court of Oregon, In Banc.

Decided June 4, 1976.

Attorney(s) appearing for the Case

Jerry K. McCallister, Astoria, argued the cause for appellant. On the briefs were Jeanyse R. Snow, and Macdonald, Dean, McCallister & Snow, Astoria.

D. Richard Fischer, Astoria, argued the cause for respondent First Federal Savings & Loan Association of Clatsop County. With him on the brief were Robert C. Anderson, and Anderson, Fulton, Lavis & Van Thiel, Astoria.

HOLMAN, Justice.

This is a suit by J.W. Copeland Yards to foreclose a mechanic's lien for materials furnished in the construction of a condominium. The suit's protagonists are Copeland on one side and First Federal Savings and Loan Association of Clatsop County and the Washington Capital Corporation on the other, both of which advanced extensive sums of money for construction, which sums were secured by mortgages upon the condominium. A separate suit was begun by...

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