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JACKSON CTY. FED. SAV. v. URBAN PLANNING

85-2216-NJ-1, 85-3719-NJ-1; CA A44429.

771 P.2d 629 (1989)

95 Or.App. 598

JACKSON COUNTY FEDERAL SAVINGS AND LOAN ASSOCIATION, a Corporation, Respondent, v. URBAN PLANNING, Inc., an Oregon Corporation, Alvin Zelver, and C.M. Oregon Corporation, an Oregon Corporation, Appellants, and J. Frank Spierings, Calvin A. Lanfear, Sr., Doing Business As Lanfear Construction, and Batzer Construction, Inc., Defendants, and Rogue Aggregates, Inc., an Oregon Corporation, and Gary Settell, Doing Business As Gary's Painting and Decorating, Darrell Crookston, Dba Crookston Ceramic Tile Company, and Indcon Inc., an Oregon Corporation, Edaw, Inc., Intervenors, and Ekerson Quality Roofing Co., an Oregon Partnership Composed of Dale Richards and James Acord, Plaintiff.

Court of Appeals of Oregon.

Decided March 22, 1989.

Reconsideration Denied May 12, 1989.

Attorney(s) appearing for the Case

Robert H. Grant, Medford, argued the cause for appellants Urban Planning, Inc., and Alvin Zelver. With him on the briefs were Sandra Sawyer and Grant, Ferguson, Carter, P.C., Medford.

Frank R. Alley, III, Medford, argued the cause for appellant C.M. Oregon Corp. With him on the briefs was Heffernan, Fowler, Alley & McNair, Medford.

Douglas J. Richmond, Medford, argued the cause for respondent. With him on the brief were John Blackhurst and Kellington, Krack, Richmond & Blackhurst, Medford.

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

BUTTLER, Presiding Judge.

This action was brought by Jackson County Federal Savings and Loan Association (JCF) to foreclose judicially two trust deeds on real property and a security interest in personal property executed by defendants Urban Planning, Inc. (UPI), Alvin Zelver and C.M. Oregon Corporation (CM) to secure a real property development loan. UPI and Zelver alleged as affirmative defenses and counterclaims that JCF breached the loan agreement by failing to...

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