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STAR RENTALS v. SEEBERG CONSTR.

No. 82-739-NJ-2; CA A28007.

677 P.2d 708 (1984)

66 Or.App. 822

STAR RENTALS, Inc., a Foreign Corporation, Appellant, v. SEEBERG CONSTRUCTION COMPANY, Inc., an Oregon Corporation; Heritage Bank, an Oregon State Banking Corporation; Canadian Imperial Bank of Commerce, an Extranational Bank Corporation; Robert L. Correll, Gregory L. Barton, Clifford R. Bergstrom, and Robert F. Petix, Individually and As Copartners, Dba the Stratford Inn, Respondents, Westshore Framing Corporation, an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Decided February 8, 1984.

Reconsideration Denied March 30, 1984.

Attorney(s) appearing for the Case

Carlyle F. Stout, III, Medford, argued the cause and filed the brief for appellant.

Dennis P. Brookshire, Portland, argued the cause for respondents. On the brief were Carlton D. Warren and Stephen F. Mannenbach, Portland.

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

BUTTLER, Presiding Judge.

Plaintiff brought this action to foreclose a construction lien for rental equipment supplied to defendant Westshore Framing Company (Westshore). The trial court granted a motion for summary judgment in favor of all defendants, except Westshore, and plaintiff appeals from the resulting judgment.1 We reverse.

Defendants Correll, Barton, Bergstrom and Petix were partners doing business under the assumed name...

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