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GREEN VALLEY INDUSTRIES, INC. v. KEECH

91C-10222; CA A74200.

853 P.2d 318 (1993)

120 Or. App. 596

GREEN VALLEY INDUSTRIES, INC., an Oregon corporation, Plaintiff, v. George F. KEECH, dba C & K Farms, Defendant, and American Seed Producers, Inc., an Oregon corporation, Respondent, and Meeker Fertilizer Company, an Oregon corporation, Appellant. AMERICAN SEED PRODUCERS, INC., an Oregon corporation, Third-Party Plaintiff, v. William D. BRANDT and Ferder, Ogdahl, Brandt & Casebeer, Third-Party Defendants.

Court of Appeals of Oregon.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Donald H. Upjohn, Salem, argued the cause for appellant. With him on the brief was Heltzel, Upjohn, Shaw, Williams, Yandell & Pearsall, P.C., Salem.

Willard Bodtker, Albany, argued the cause and filed the brief for respondent.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

DURHAM, Judge.

In this foreclosure action, defendant Meeker Fertilizer Company (Meeker) cross-claimed against defendant American Seed Producers, Inc., (Seed), pursuant to ORS 87.332. Both parties moved for summary judgment. The trial court granted Seed's motion and dismissed the claim. Meeker appeals, and we reverse.

Seed accepts Meeker's statement of facts, and we take the relevant facts as they are recited in Meeker's brief:

"Meeker is a supplier...

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