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PRECISION ROOF TRUSSES, INC. v. DEVITT

No. A8006-03158; CA A20414.

650 P.2d 152 (1982)

59 Or.App. 4

PRECISION ROOF TRUSSES, INC., an Oregon Corporation, Appellant, v. Vernon L. DEVITT and Vera L. Devitt, Respondents, Federal National Mortgage Association, United States National Bank of Oregon, Medallion Industries, Inc., Columbia West, Tice Electric Company, Harris and Sons and Associates, General Contracting, Inc., Aka Harris and Son Contractors, and David L. Slater, Defendants.

Court of Appeals of Oregon.

Decided September 1, 1982.

Attorney(s) appearing for the Case

Robert Lohman, West Linn, argued the cause and filed the brief for appellant.

Thomas A. Gerber, Portland, argued the cause and filed the brief for respondents.

Before BUTTLER, P.J., and JOSEPH, C.J., and WARREN, J.

BUTTLER, Presiding Judge.

The sole issue on appeal is whether defendants Vernon and Vera Devitt are entitled to costs and attorney fees in this action, which started as one to foreclose a construction lien. ORS 87.010. Defendants Devitt were joined as defendants in the foreclosure suit, because they were the owners of the real property on which the improvements were made; they had no contractual relationship with plaintiff. After the action was filed, those defendants...

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