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BROWN v. D2S RESOURCES, INC.

No. A7911-05264; CA A22645.

656 P.2d 946 (1982)

61 Or.App. 8

Warren Franklin BROWN, Respondent, v. D2S RESOURCES, INC., an Oregon Corporation, Appellant, The Oregon Bank, and the City of Gresham, Defendants.

Court of Appeals of Oregon.

Decided December 22, 1982.

Attorney(s) appearing for the Case

Barry L. Adamson, Portland, argued the cause for appellant. With him on the briefs was Williams, Stark, Hiefield and Norville, P.C., Portland.

Derryck H. Dittman, Tigard, argued the cause for respondent. With him on the brief was Anderson, Dittman & Anderson, Tigard.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

Brown sought to foreclose a construction lien on property owned by D2S Resources, Inc., (D2S) for the reasonable value of labor and material used in partially performing agreements to make certain improvements in a subdivision under development by D2S.1 D2S asserted several affirmative defenses and counterclaimed for damages for the cost of repairing Brown's allegedly defective work. The trial court dismissed the counterclaims...

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