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TRI CITY BLDG. CENTER, INC. v. WILLIAMS

562 P.2d 1218 (1977)

278 Or. 123

TRI CITY BUILDING CENTER, Inc., an Oregon Corporation, Respondent, v. Everette H. WILLIAMS, As Trustee in Bankruptcy of the Estate of Circle Cross Builders, Inc., et al., Defendants, Columbia Mortgage Company, an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 2.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Carlton D. Warren, Portland, argued the cause for appellant. With him on the briefs were Timothy J. Vanagas and Solomon, Warren, Killeen & Kirkman, Portland.

Robert Lohman, West Linn, argued the cause and filed the brief for respondent.

Before DENECKE, C.J., and BRYSON, LINDE and O'CONNELL, JJ.

O'CONNELL, Justice Pro Tem.

This is a suit brought by a subcontractor to foreclose its own lien and also to foreclose a lien assigned to it by Maiden Brothers Masonry, another subcontractor who performed work on the same construction job. Defendant Columbia Mortgage Company contended that the plaintiff could not sue to recover on the assigned lien because it fell within the proscription of ORS 697.030. The trial court held otherwise, and defendant appeals.

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