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McGREGOR CO. v. HERITAGE

No. E 21,987; CA 15357.

620 P.2d 488 (1980)

49 Or.App. 489

THE MCGREGOR COMPANY, a Washington Corporation, Appellant-Cross-Respondent, v. John HERITAGE, Dba Heritage Farms, Heritage Farms, Inc., an Oregon Corporation; First National Bank of Oregon, a National Banking Institution, Umatilla Branch; and the Pendleton Banking Company, Defendants, Oregon Potato, Inc., an Oregon Corporation; 3-D Sales, Inc., a North Dakota Corporation; and Brewer Farms, Inc., a Corporation, Respondents-Cross-Respondents, Ray Dunn, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided December 1, 1980.

Review Allowed February 24, 1981.

Attorney(s) appearing for the Case

Milo Pope, Mount Vernon, argued the cause for appellant-cross-respondent. With him on the briefs were Joseph N. Hershberger, Hermiston, and Kilpatrick & Pope, Mount Vernon.

Leeroy O. Ehlers, Pendleton, argued the cause and filed the briefs for respondents-cross-respondents Oregon Potato, Inc., and Brewer Farms, Inc.

No appearance for respondent-cross-respondent 3-D Sales, Inc.

Garry L. Reynolds, Hermiston, argued the cause for respondent-cross-appellant. With him on the brief was Morrison & Reynolds, Hermiston.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

BUTTLER, Judge.

Plaintiff commenced this proceeding to foreclose three agricultural service liens against the proceeds of a potato crop grown by defendant Heritage Farms, Inc. Some of the other defendants filed counterclaims to foreclose liens claimed by them. The trial court ruled that: (1) plaintiff's liens were invalid; (2) defendant Oregon Potato, Inc. (OPI) had a valid possessory lien in the amount of $126,124.77, which had first priority; (3) OPI had a valid...

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