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KING v. SUNIGA

No. 110695; CA 17066.

634 P.2d 812 (1981)

54 Or.App. 267

William D. KING and Betty A. King, Doing Business As Kings Kustom Kabinets, Appellants, v. George R. SUNIGA and United Savings Bank (Formerly First Federal Savings & Loan Association of Salem), Respondents.

Court of Appeals of Oregon.

Decided October 12, 1981.

Attorney(s) appearing for the Case

James K. Belknap, Portland, argued the cause and filed the briefs for appellants.

Terry K. Haenny, Salem, filed the brief for respondents.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

This is a suit to foreclose a construction lien. Because defendant Suniga (hereafter defendant) had tendered into court an amount equal to the sum which the trial court found was due plaintiffs on the construction contract, the trial court refused to foreclose plaintiffs' construction lien and awarded defendant attorney fees, pursuant to ORS 87.060(4).1 Plaintiffs appeal. The question...

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