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McGREGOR CO. v. HERITAGE

No. E 21987; CA15357; SC27536.

631 P.2d 1355 (1981)

291 Or. 420

THE MCGREGOR COMPANY, a Washington Corporation, 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, Ray Dunn, Petitioner.

Supreme Court of Oregon, In Banc.

Decided August 4, 1981.

Attorney(s) appearing for the Case

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

No appearance for respondent 3-D Sales, Inc.

Garry L. Reynolds, Hermiston, argued the cause for petitioner. With him on the brief was Morrison & Reynolds, Hermiston.

Milo Pope, Mount Vernon, argued the cause for respondent The McGregor Company. With him on the briefs were Joseph N. Hershberger, Hermiston, and Kilpatricks & Pope, Mount Vernon.

TONGUE, Justice.

This is a suit to foreclose three agricultural services liens under ORS 87.226 against the proceeds of a potato crop grown by Heritage Farms, Inc. Some of the other defendants filed counterclaims to foreclose liens claimed by them. The trial court ruled, among other things, that: (1) plaintiff's liens were invalid; (2) defendant Oregon Potato, Inc. (OPI) had a valid possessory lien for $126,124.77, and (3) defendant 3-D Sales had a valid agricultural...

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