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B & D INVESTMENT CORP. v. PETTICORD

77-6-414; CA A30091.

689 P.2d 1052 (1984)

70 Or.App. 358

B & D INVESTMENT CORPORATION, Respondent-Cross-Appellant, v. James E. PETTICORD and Doris J. Petticord, Husband and Wife, Appellants-Cross-Respondents, Pioneer National Title Insurance Company, a Corporation; and First National Bank of Oregon, a Corporation, Appellants, Gates Bros. Concrete Enterprises, Inc., a Corporation, Defendant.

Court of Appeals of Oregon.

Decided October 24, 1984.

Attorney(s) appearing for the Case

John M. Berman, Portland, argued the cause for appellants-cross-respondents. With him on the briefs was Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

John M. Berman, Portland, argued the cause for appellants. With him on the briefs was Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Elizabeth Yeats, Portland, argued the cause for respondent-cross-appellant. With her on the briefs was Kobin & Meyer, P.C., Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

This case is before us for the third time. In B & D Investment v. Petticord, 48 Or.App. 345, 617 P.2d 276, rev. den. 290 Or. 302 (1980), and B & D Investment Corp. v. Petticord, 61 Or.App. 585, 659 P.2d 400, rev. den. 294 Or. 792, 662 P.2d 728 (1983),

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