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MORSE BROS. CONTRACTORS v. C.J.H. CONST.

No. 16-79-07319; A28267.

675 P.2d 1122 (1984)

66 Or.App. 901

MORSE BROS. CONTRACTORS, Inc., Respondent, v. C.J.H. CONSTRUCTION CO., an Oregon Corporation, and United Pacific Insurance Company, a Washington Insurance Corporation, Appellants. C.J.H. Construction Co., an Oregon Corporation, Third Party Plaintiff, v. Wec, Inc., an Oregon Corporation, Dba Western Engineering Consultants, Third Party Defendant.

Court of Appeals of Oregon.

Decided February 8, 1984.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellants. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Thomas J. Murphy, Eugene, argued the cause for respondent. With him on the brief was Cass, Scott, Woods & Smith, Eugene.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Plaintiff prevailed in this action to foreclose a construction lien. ORS 87.060. Defendant C.J.H. Construction Co. (C.J.H.), the property owner, and its corporate surety, defendant United Pacific Insurance Company (UPI), appeal from the portion of the judgment awarding attorney fees, on the ground that plaintiff failed to plead and prove compliance with ORS 87.057(3). We affirm.

On February 1, 1979, plaintiff filed its claim for a construction...

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