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R & R EXCAVATING CO., INC. v. OLIVE TREE HOMES

39-624; CA A22916.

660 P.2d 1092 (1983)

62 Or.App. 406

R & R EXCAVATING CO., INC., an Oregon corporation, Appellant, v. OLIVE TREE HOMES, INC., David G. Lewis, and Zoe E. Lewis, Respondents.

Court of Appeals of Oregon.

Decided March 30, 1983.

Attorney(s) appearing for the Case

D. Michael Mills, Salem, argued the cause for appellant. With him on the brief was Mills & McMillin, Salem.

Larry I. Evans, Portland, waived appearance for respondent Olive Tree Homes, Inc.

Leonard J. Kovac, Jr., Milwaukie, argued the cause for respondents David G. and Zoe E. Lewis. On the brief was Roger P. Mundorff, Milwaukie.

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

BUTTLER, Presiding Judge.

Plaintiff, a subcontractor, brought this proceeding to foreclose a mechanic's lien against defendants Lewis, the owners of the liened property, and defendant Olive Tree Homes, Inc., the prime contractor. Each defendant denied the lien claim and asserted separate counterclaims for damages allegedly caused by plaintiff's negligence in performing the work it was to do under its subcontract. The trial court dismissed plaintiff's lien claim and...

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