ROBERTSON, HAY & WALLACE v. KUNKLE

A8108-05279; CA A26635.

686 P.2d 399 (1984)

69 Or.App. 99

ROBERTSON, HAY & WALLACE, an Oregon Corporation, Respondent, v. James K. KUNKLE, McCoy Electric Co., Inc., and Cascadian Landscapers, Inc., Defendants, and First Interstate Bank of Oregon, a National Banking Association, Defendant-Third-Party Plaintiff-Appellant, and Marian Kunkle, Delta Airlines, Inc., a Delaware Corporation, Emery Air Freight, a Delaware Corporation, Airborne Freight Corp., a Delaware Corporation, Air Oregon, Inc., an Oregon Corporation, Air California, a California Corporation, Third-Party Defendants.

Court of Appeals of Oregon.

Decided July 11, 1984.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant. With him on the briefs were O. Meredith Wilson, Jr., Wayne Hilliard and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Richard C. Goss, Portland, argued the cause for respondent. On the brief was George E. Birnie, Portland.

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


BUTTLER, Presiding Judge.

Plaintiff brought this action to foreclose a lien for labor and materials used in the construction of facilities on land leased by defendant Kunkle from the Port of Portland. Defendant First Interstate Bank of Oregon (First Interstate) contends that plaintiff's lien is invalid and that, because of Kunkle's default on a note given it to finance the construction, it is entitled to foreclose its mortgage on Kunkle's leasehold interest securing...

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