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MYERS v. OREGON SHORES ASSOCIATES

No. CC 81-385; CA A28415.

687 P.2d 159 (1984)

69 Or.App. 624

Robert W. MYERS, Trustee in Bankruptcy for the Bankruptcy Estate of David M. Larson, Dba Larson Construction Company, Debtor, Respondent, v. OREGON SHORES ASSOCIATES, Ltd., an Oregon Corporation, Citizens Savings and Loan Association, an Oregon Association, Commerce Mortgage Company, an Oregon Corporation, Appellants.

Court of Appeals of Oregon.

Decided September 5, 1984.

Reconsideration Denied October 19, 1984.

Review Denied November 20, 1984.

Attorney(s) appearing for the Case

Paul D. Schultz, Oregon City, argued the cause, for appellants. With him on the brief was Hibbard, Caldwell, Bowerman, Schultz & Hergert, Oregon City.

Robert J. Miller, Sr., Beaverton, argued the cause, for respondent. With him on the brief was Moomaw, Miller & Reel, Beaverton.

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

VAN HOOMISSEN, Judge.

This is a construction lien foreclosure case. Plaintiff is the trustee in bankruptcy of the lien claimant. Defendants are the property owner and the holders of trust deeds on the property.

Plaintiff sought to foreclose two construction liens filed by the claimant. One, a contractor's lien, was filed in 1980. The other, a subcontractor's lien, was filed in 1981. After a court trial, a decree was entered foreclosing both liens and awarding...

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