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REDMOND ELECTRIC v. GONZALES

No. 29860; CA A23953.

665 P.2d 373 (1983)

63 Or.App. 606

REDMOND ELECTRIC Co., an Oregon Corporation, Appellant, v. Jane GONZALES, Respondent, Larry Mitchell, Doing Business As Deschutes Pre-Finishing, and Mid-Valley Glass Co., Defendants.

Court of Appeals of Oregon.

Decided June 22, 1983.

Attorney(s) appearing for the Case

Bryan M. Johnston, Redmond, argued the cause for appellant. On the brief was Paul R. Unger, Redmond.

Carl W. Hopp, Jr., Bend, argued the cause for respondent. With him on the brief was Babb & Hopp, Bend.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff filed its action in two counts to foreclose a construction lien or in the alternative to recover the reasonable value of labor and materials furnished defendant. On defendant's motion, the trial court dismissed the construction lien claim, because the action was not commenced within the six-month period provided by ORS 87.055.1

In its judgment, the trial court included a finding pursuant to ORCP 67 B

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