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PARSONS v. HENRY

No. 35798; CA A24410.

659 P.2d 430 (1983)

62 Or.App. 172

Orvil L. PARSONS, Respondent, v. Calvin O.L. HENRY and Muriel M. Henry, Husband and Wife, Appellants, First Interstate Bank of Oregon, N.A., Defendant.

Court of Appeals of Oregon.

Decided March 2, 1983.

Attorney(s) appearing for the Case

Gretchen R. Morris, Corvallis, argued the cause for appellants. With her on the brief was Fenner, Barnhisel, Morris & Willis, Corvallis.

Donald P. Reiling, Albany, argued the cause for respondent. With him on the brief was Robert C. McCann, Jr., Albany.

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

PER CURIAM.

Defendants Henry appeal from a judgment in this action for foreclosure of a construction lien and for breach of contract, in which those defendants asserted two counterclaims, the second of which was based on racial discrimination. The trial court granted plaintiff's motion for summary judgment on that counterclaim on November 18, 1981. No judgment was entered. Thereafter the case proceeded to trial, resulting...

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