HARRIS v. DYER

No. 78-1378-E-3; CA 17650.

623 P.2d 662 (1981)

50 Or.App. 223

J. Robert HARRIS, Doing Business by and under the Assumed Business Name of Bob Harris Construction, Appellant — Cross-Respondent, v. J. Christopher DYER, Respondent — Cross-Appellant, Dean Earhart, Frederick E. Patching, June E. Herbert, Frank L. Earhart, Francis Earhart, William H. Leever, Margaret Ann Leever, M.C. Linniger & Sons, Inc., an Oregon Corporation, United States National Bank of Oregon, an Oregon Banking Corporation, a-1 Excavating, an Oregon Partnership, Orley E. and Jean Savage, Defendants.

Court of Appeals of Oregon.

Decided February 3, 1981.

Reconsideration Denied March 19, 1981.

Review Allowed April 7, 1981.


Attorney(s) appearing for the Case

Michael J. Esler, Portland, argued the cause for appellant-cross-respondent. With him on the briefs were Kim T. Buckley and Esler & Schneider, Portland.

Susan P. Graber, Portland, argued the cause for respondent-cross-appellant. With her on the briefs were Richard E. Alexander and Stoel, Rives, Boley, Fraser & Wyse, Portland.

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


BUTTLER, Judge.

The sole issue in this action to foreclose a construction lien is whether either party is entitled to costs and statutorily authorized attorney fees. ORS 87.060(4).1 The question arises because after the foreclosure proceeding was commenced, it was abated on defendant's motion pending arbitration of the dispute pursuant to ORS 33.2402 and the contract...

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