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HOWARD-COOPER CORP. v. LERAY CONST., INC.

No. 80-2-182; CA 19180.

631 P.2d 817 (1981)

53 Or.App. 236

HOWARD-COOPER CORPORATION DBA PAYLINE NORTHWEST COMPANY, Appellant-Cross Respondent, v. LERAY CONSTRUCTION, Inc., G.D. Dennis & Sons, D.L. Olson, Dba D.L. Olson Excavating, Richard F. Olson, General Partner of Portland Concrete Pipe Co., a Limited Partnership, Surety Insurance Company of California, and Eola Concrete Tile & Products Co., Defendants, and Charles Gotanda, Respondent, and Fosses & Sons, Inc. and Fred Meyer Savings & Loan Association, Respondents-Cross-Appellants.

Court of Appeals of Oregon.

Decided July 27, 1981.

Attorney(s) appearing for the Case

John M. Berman, Portland, argued the cause for appellant-cross-respondent. With him on the briefs was Spears, Lubersky, Campbell & Bledsoe, Portland.

Thomas A. Gerber, Portland, argued the cause for respondents-cross-appellants Fosses & Sons, Inc. and Fred Meyer Savings & Loan Association. With him on the briefs were O'Donnell, Rhodes, Gerber, Sullivan & Ramis and Philip A. Reeves, Certified Law Student, Portland.

Jeffrey R. Spere, Portland, argued the cause for respondent Charles Gotanda. With him on the brief was Sussman, Shank, Wapnick, Caplan & Stiles, Portland.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

GILLETTE, Presiding Judge.

This is an action to foreclose a construction lien in which the trial court granted summary judgment in favor of defendants. Plaintiff appeals and defendants Fosses & Sons, Inc. and Fred Meyer Savings & Loan (defendants) cross-appeal. We find no error save with respect to the matter raised on cross-appeal concerning attorney's fees.

After defendants were granted summary judgment they filed a statement of costs and disbursements...

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