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BONES CONST. CO. v. EN STONE I, LTD.

85-0393C; CA A41284.

749 P.2d 1217 (1988)

89 Or.App. 530

BONES CONSTRUCTION COMPANY, an Oregon Corporation, Plaintiff, v. EN STONE I, LTD., an Oregon Limited Partnership; En Stone Enterprises, Ltd., General Partner; Brentwood Homes, Inc., an Oregon Corporation; C. Wayne Neff; Joan M. Neff; Henry W. Nodurft; Mary L. Nodurft; Imperial Mech; M.S.P. Plumbing; Hugh McNiven Co., Inc.; Dennis J.V. Brun; Contract Design Center; Fred Glick Associates, Inc.; Dennis Voges Finish Contracting; Michael's Interiors, Inc.; Ernest Platt; and Any Party or Parties in Possession or Claiming the Right to Possession of Any of Said Real Property, Defendants, Washington Federal Savings Bank, Respondent, Creative Paving Systems, Inc., Appellant.

Court of Appeals of Oregon.

Decided February 10, 1988.

Attorney(s) appearing for the Case

Brian Hildebrand, Beaverton, argued the cause for appellant. With him on the briefs were Larry D. Moomaw and Moomaw, Miller & Reel, Beaverton.

E. Andrew Jordan, Portland, argued the cause for respondent. With him on the brief were Arthur L. Tarlow and Bolliger, Hampton & Tarlow, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Defendant Creative Paving Systems, Inc. (Creative) appeals a judgment for defendant Washington Federal Savings Bank (Washington) that awarded it attorney fees and costs against Creative. Plaintiff filed this action to foreclose its construction lien on a residential development. Washington held a trust deed on the property. A number of defendants, including Creative, also held construction liens. Creative filed a pleading, entitled "Second Amended Answer...

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