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B & D INVESTMENT CORP. v. PETTICORD

No. 77-6-414; CA A22762.

659 P.2d 400 (1983)

61 Or.App. 585

B & D INVESTMENT CORPORATION, Respondent-Cross-Appellant, v. James E. PETTICORD and Doris J. Petticord, Husband and Wife, Appellants-Cross-Respondents, and Pioneer National Title Insurance Company, a Corporation; and First National Bank of Oregon, a Corporation, Appellants, Gates Bros. Concrete Enterprises, Inc., a Corporation, Defendants.

Court of Appeals of Oregon.

Decided February 16, 1983.

Reconsideration Denied April 1, 1983.

Review Denied May 3, 1983.

Attorney(s) appearing for the Case

Elizabeth Yeats, Portland, argued the cause for respondent-cross-appellant. With her on the briefs were Paul R. Meyer, and Kobin & Meyer, P.C., Portland.

John M. Berman, Portland, argued the cause for appellants-cross-respondents James E. Petticord and Doris J. Petticord and appellants Pioneer Nat. Title Ins. Co. and First Nat. Bank of Oregon. With him on the briefs was Spears, Lubersky, Campbell & Bledsoe, Portland.

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

RICHARDSON, Presiding Judge.

This case is now before us on the parties' appeals from the judgment entered after our remand in B & D Investment v. Petticord, 48 Or.App. 345, 617 P.2d 276, rev. den. 290 Or. 302 (1980).

Plaintiff B & D Investment Corporation initially brought the action to foreclose a construction lien and to recover damages in connection with plaintiff...

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