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STATE EX REL. ORBANCO REAL ESTATE v. ALLEN

SC S31772.

720 P.2d 365 (1986)

301 Or. 104

STATE of Oregon, EX REL. ORBANCO REAL ESTATE SERVICES COMPANY, fka Columbia Mortgage Company, Plaintiff-Relator, v. Edwin E. ALLEN, Defendant, J.I. Johnston Construction Co., Inc., Intervenor.

Supreme Court of Oregon. In Banc

Decided May 20, 1986.

Reconsideration Denied July 1, 1986.

Attorney(s) appearing for the Case

Carlton D. Warren, Portland, filed the Alternative Writ of Mandamus and answering brief for plaintiff-relator. With him on the answering brief were Warren and Allen, and Michael J. Hargis, Portland.

Thomas J. Murphy, Eugene, argued the cause and filed the defendant's brief and abstract of record and defendant's reply brief and supplemental abstract of record for defendant. With him on the brief was Cass, Scott, Woods & Smith, Eugene.

Malcolm L. Brand, Salem, filed a memorandum in support of defendant's memorandum opposing petition for writ of mandamus. With him on the memorandum was Paulus, Rhoten, Brand, Lien & McDonough, Salem.

CAMPBELL, Justice.

This is an original proceeding in mandamus. The relator was one of the defendants in each of four lien foreclosure cases in Lane County. The cases were consolidated. The defendant in this mandamus proceeding was the trial judge in the Lane County cases. After trial the defendant trial judge caused a decree of foreclosure to be entered. The relator appealed to the Court of Appeals. Several months later the appeal was dismissed on relator's motion...

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