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HARRIS v. DYER

TC 78-1378-E-3; CA 17650; SC 27670.

637 P.2d 918 (1981)

292 Or. 233

J. Robert HARRIS, Doing Business by and under the Assumed Business Name of Bob Harris Construction, Petitioner On Review, v. J. Christopher DYER, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided December 22, 1981.

Attorney(s) appearing for the Case

Michael J. Esler and Kim T. Buckley, Portland, argued the cause and filed a brief for petitioner on review.

Susan P. Graber and Richard E. Alexander, Portland, argued the cause and filed a brief for respondent on review. With them on the briefs were Stoel, Rives, Boley, Fraser & Wyse, Portland.

LINDE, Justice.

A dispute between the parties to a construction contract led the owner to terminate the contract. The construction contractor demanded the amount he claimed to be owing under the contract, and upon the owner's refusal to pay, the contractor filed a claim of lien, followed by a suit to foreclose the lien. As the contract provided for arbitration, the circuit court abated the proceeding pending arbitration....

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