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COPELAND LUMBER YARDS v. KINCAID

No. 31669; CA A28616.

684 P.2d 13 (1984)

69 Or.App. 35

COPELAND LUMBER YARDS, Inc., an Oregon Corporation, Respondent, v. James G. KINCAID, Appellant.

Court of Appeals of Oregon.

Decided July 11, 1984.

Reconsideration Denied August 31, 1984.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the brief for appellant.

James N. Westwood, Portland, argued the cause for respondent. On the brief were William B. Crow, William H. Walters, Gregory A. Chaimov, and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Before GILLETTE, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

JOSEPH, Chief Judge.

This is a legal malpractice case. In a trial without a jury, the court found defendant negligent in failing to bring a foreclosure action on two mechanic's liens within the six-month time period prescribed in ORS 87.055. Plaintiff, the lienor, was awarded the amount of those liens, $15,897.15, as damages. We affirm.

Plaintiff sent the lien documents to defendant in January and February, 1980, and instructed him to protect its interests...

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