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PADDACK v. RASMUSSEN

No. 79-2102; CA A21314; SC 28999.

660 P.2d 677 (1983)

294 Or. 599

Rychen PADDACK, Arthur J. Darling, Henry Hannan, Donald C. Staudenmier, Marvin Hall, Carl M. Halvorson, Frank B. Hastie, Jr., V.A. Harding, Allen Rettman and Harold Hansen, As Trustees for the Oregon-Washington Carpenters— Employers Health and Welfare, Pension, and Vacation Savings Trust Funds, and Rychen Paddack, Arthur J. Darling, Henry Hannan, Donald C. Staudenmier, Marvin Hall, Carl M. Halvorson, V.A. Harding, Allen Rettman, Harold Hansen and Ronald L. Anderson, As Trustees for the Oregon-Washington Carpenters — Employers Apprenticeship and Training Trust Fund, Petitioners on Review, v. Arnold RASMUSSEN and the Nordic Monarch, a limited partnership, Respondents on Review.

Supreme Court of Oregon.

Decided March 22, 1983.

Attorney(s) appearing for the Case

Thomas J. Barnett, Portland, argued the cause for petitioners on review. With him on the petition were David S. Paull and Bailey & Paull, Portland.

Paul R. Meyer, Portland, argued the cause for respondents on review. With him on the response to the petition were Jan D. Sokol and Kobin & Meyer, P.C., Portland.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

JONES, Justice.

This is an action brought for damages for the wrongful removal of a vessel, The Nordic Monarch, from Oregon resulting in the inability of plaintiffs to foreclose their lien. The trial court granted defendants' motion for summary judgment on the grounds that plaintiffs' lien had not been perfected and that removal of the vessel was therefore not wrongful. The Court of Appeals affirmed, holding that "seizure of the lien-subject vessel is a condition...

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