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MONOGIOS v. RUFF

No. 11,437; CA 12921.

602 P.2d 1131 (1979)

43 Or.App. 389

Steve MONOGIOS, Dba Olympic Homes, Appellant, v. Jack RUFF, Respondent.

Court of Appeals of Oregon.

Decided November 26, 1979.

Attorney(s) appearing for the Case

Norval E. Baran, Pendleton, argued the cause and filed the brief for appellant.

W. Eugene Hallman, Pendleton, argued the cause for respondent. With him on the brief was Mautz & Hallman, Pendleton.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

Plaintiff entered into a construction contract with defendant on or about November 1, 1972. At that time plaintiff was registered under ORS 701.055. When this action was brought, plaintiff was not registered. The trial court granted defendant's motion for summary judgment, and plaintiff appeals.

On September 13, 1975, ORS 701.065 was amended to provide:

"(1) A builder may not file a lien or bring or maintain in any court of...

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