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OR. LABORERS-EMPLOYERS v. PASCUZZI INV.

870463C; CA A49883.

781 P.2d 1227 (1989)

99 Or.App. 211

OREGON LABORERS-EMPLOYERS TRUST FUNDS, Appellants, v. PASCUZZI INVESTMENT COMPANY, a Partnership Consisting of Arthur Pascuzzi, Ernest Pascuzzi, Pasquale J. Pascuzzi, Antoinette Pascuzzi and Rosina Parsons; the Wetlands Conservancy, Inc., an Oregon Non-Profit Corporation; Swanpor Corporation, an Oregon Corporation; Ron Miller; Oregon Asphaltic Paving Company, an Oregon Corporation; and United Parcel Service, Inc., an Ohio Corporation, Defendants, Emmert Industrial Corp., an Oregon Corporation; Donald M. Drake Company, an Oregon Corporation; and United Pacific Insurance Company, Respondents.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Gary L. Tyler, Portland, argued the cause for appellants. With him on the briefs was Galton, Popick & Scott, Portland.

Eugene F. Ebersole, Clackamas, filed the brief for respondents.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

Plaintiffs in this action to foreclose a construction lien under ORS 87.010(4)1 are employe benefit trust funds that administer contributions by employers for employes. Defendants are owners of, or have security interests in, the subject real property. Squaw Mountain Construction (Squaw Mountain) made improvements to defendants' property and was indebted to plaintiffs for contributions for its employes. Defendants filed an...

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