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IN RE HUTCHINGS & HARPER ENTERPRISES, INC.

No. 388-03561-S11, Adv. No. 89-3073(S), Civ. No. 90-374-FR.

116 B.R. 786 (1990)

In re HUTCHINGS & HARPER ENTERPRISES, INC., Debtor. James P. HARPER, and Hutchings & Harper Enterprises, Inc., an Oregon corporation, Plaintiffs-Appellants, v. HAERTL CONSTRUCTORS, INC., an Oregon corporation, L & M Development/National Self Storage; Atlantic Richfield Company, a Delaware corporation; and Partners Preferred Yield, a California partnership, Defendants-Appellees.

United States District Court, D. Oregon.

July 12, 1990.

Attorney(s) appearing for the Case

Neil T. Jorgenson, Don Thacker, Bouneff, Chally & Jorgenson, Portland, Or., for plaintiffs-appellants.

Scott Howard, Schwab, Hilton & Howard, Portland, Or., for defendants-appellees.

OPINION

FRYE, District Judge:

The matter before the court is an appeal by plaintiffs, James P. Harper and Hutchings & Harper Enterprises, Inc. (collectively, Harper), from an order of the United States Bankruptcy Court granting partial summary judgment in favor of defendants Atlantic Richfield Company (Arco) and Partners Preferred Yield (Partners). The bankruptcy court denied foreclosure of the construction lien which was filed by Harper against the...

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