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HILSENBECK v. QUADRANT CORP.

No. 40-330; CA 19192.

632 P.2d 19 (1981)

53 Or.App. 341

Chris R. HILSENBECK, Dba Blueline Excavating Company, Appellant, v. The QUADRANT CORPORATION, a Washington Corporation, and W.C. Bauman Company, Inc., an Oregon Corporation, Respondents, Paul Bulkley, Defendant.

Court of Appeals of Oregon.

Decided August 3, 1981.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the brief for appellant.

James H. Clarke, Portland, argued the cause for respondents. With him on the brief were Edwin A. Harndon and Spears, Lubersky, Campbell & Bledsoe, Portland.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff appeals from the trial court's order dismissing his action to foreclose a mechanic's lien. The motion to dismiss was based on ORCP 54.B(1)1 and was predicated on plaintiff's failure to initiate arbitration proceedings pursuant to the trial court's order abating the action pending arbitration. ORS 33.240.2 We affirm.

Defendants Quadrant Corporation and W.C. Bauman...

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