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WESTWOOD CORP. v. BOWEN

86-1277-C; CA A60199.

815 P.2d 1282 (1991)

108 Or.App. 310

WESTWOOD CORPORATION, Developers and Contractors, an Oregon Corporation, Respondent — Cross-Appellant, v. Walter C. BOWEN, Individually, Dba Sunset Summit Co., and Fdic As Receiver for American Diversified Savings Bank, a California Corporation, Appellants — Cross-Respondents, Wilsey & Ham, Dba Wilsey & Ham, Inc., William Workman, Commercial Affiliates, Inc., an Oregon Corporation, R.W. White, Betsy J. White, R.G. Clark, C.G. Hand, and Patsy H. Hand, Individuals, Dba Clark, Hand & White, and Wcb Leasing, Inc., an Oregon Corporation, Defendants, and The American Insurance Company, a New Jersey Corporation, Additional Counterclaim Defendant-Respondent — Cross-Appellant, and Commercial Affiliates, Inc., an Oregon Corporation, R.W. White, Betsy J. White, R.G. Clark, C.G. Hand and Patsy H. Hand, Individuals, Dba Clark, Hand & White, Cross-Claim Defendants.

Court of Appeals of Oregon.

Decided July 31, 1991.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant — cross-respondent Walter C. Bowen. With him on the briefs were Miller, Nash, Wiener, Hager & Carlsen, Portland, and Susan G. Whitney and Seifer, Yeats, Whitney & Mills, Portland. Rick T. Haselton and Lindsay, Hart, Neil & Weigler, Portland, joined on the joint answering brief on cross-appeal.

Rick T. Haselton, Portland, argued the cause for appellant — cross-respondent American Diversified Sav. Bank. With him on the briefs were David T. Douthwaite and Lindsay, Hart, Neil & Weigler, Portland.

James H. Clarke, Portland, argued the cause for respondents — cross-appellants. With him on the briefs were Vicki L. Smith, Jeffrey S. Love and Lane Powell Spears Lubersky, Portland, and Arthur L. Tarlow and Bolliger, Hampton & Tarlow, Portland.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Plaintiff Westwood Corporation, Developers and Contractors (Westwood), the general contractor for defendant Bowen's Sunset Summit Apartments project, brought this action to foreclose a construction lien and for breach of contract for unpaid amounts that were due it under the parties' contract. Bowen counterclaimed against Westwood, and Bowen and its lender, American Diversified Savings Bank (bank), counterclaimed against Westwood's surety...

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