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O.O., INC. v. CAPE MOUNTAIN ROCK PRODUCTS

16-81-07768; CA A37231

712 P.2d 159 (1985)

77 Or.App. 159

O.O., INC., an Oregon Corporation, Doing Business As Creswell Gravel Company, Appellant, Kent Olsen, Plaintiff, v. CAPE MOUNTAIN ROCK PRODUCTS, Inc., an Oregon Corporation, Don Patterson, Anna Morrison, George McNeilus, Paul W. Hughes, and Trail Equipment Company, an Oregon Corporation, Defendants, Cape Mountain Quarries & Rock Crushing, Inc., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Submitted on Record and Briefs November 5, 1985.

Attorney(s) appearing for the Case

Eric R.-T. Roost, Eugene, filed the briefs for appellant.

Michael J. Esler, Portland, filed the brief for respondent.

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

ROSSMAN, Judge.

The issue in this case is whether Oregon's mining lien statute, ORS 87.352, covers the labor and equipment furnished by plaintiff O.O., Inc., in a rock crushing operation within a quarry site.

ORS 87.352 provides, in pertinent part:

"(1) A person has a lien upon a mine or an improvement to secure payment for labor performed or materials furnished if that person: "(a) Performs labor upon or furnishes provisions or materials...

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