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TIDEWATER CONTRACTORS, INC. v. WHEELER

Nos. C79-2-6, C78-10-92; CA 16899.

638 P.2d 499 (1982)

55 Or.App. 497

TIDEWATER CONTRACTORS, INC., an Oregon Corporation, Respondent — Cross-Appellant, v. John E. WHEELER and Joan L. Wheeler, Husband and Wife, Appellants — Cross-Respondents, Carl E. Hatfield, Respondent, Dave Larsen, Dba Ldc Construction, and Louise L. Murphy, Dba Murphy Plumbing, Defendants. David B. Allen, Dba Allen Masonry, Respondent. v. John E. Wheeler and Joan L. Wheeler, Husband and Wife, Appellants, Tidewater Contractors, Inc., an Oregon Corporation, and Carl E. Hatfield, Respondents. Louis C. Murphy, Dba Murphy Plumbing, and Louise L. Murphy, Defendants.

Court of Appeals of Oregon.

Decided January 6, 1982.

Reconsideration Denied February 11, 1982.

Attorney(s) appearing for the Case

Michael W. Burnett, Medford, argued the cause for appellants — cross-respondents. With him on appellants' brief were Haviland & Stark and Hugh B. Collins, Medford. On appellants' reply brief was Hugh B. Collins, Medford.

John C. Babin, Brookings, argued the cause for respondent — cross-appellant. With him on the brief was Coutrakon, Hoselton & Babin, Brookings.

M. John Spicer, Gold Beach, argued the cause and filed the brief for respondent Carl E. Hatfield.

David F. Myrick, Grants Pass, argued the cause for respondent David B. Allen. With him on the brief were Myrick, Coulter, Seagraves & Myrick and Donald H. Coulter, Grants Pass.

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

YOUNG, Judge.

These two consolidated actions involve the foreclosure of three construction liens. ORS ch. 87. Tidewater Contractors, Inc. (Tidewater) and David B. Allen, dba Allen Masonry (Allen), each filed separate actions to foreclose their respective liens against John E. Wheeler and Joan L. Wheeler (defendants), the real property owners. In the Tidewater action, Carl E. Hatfield (Hatfield), a named defendant, filed what was denominated a "cross complaint" against...

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