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BELL HARDWARE v. ED SZOYKA WOODWORKING

93-0315-L-2; CA A81869.

879 P.2d 208 (1994)

129 Or. App. 332

BELL HARDWARE OF MEDFORD, INC., Appellant, v. ED SZOYKA WOODWORKING CO., North Coast Electric Company and E-Z Electric, Inc., Defendants, and William H. Ferguson and Maureen R. Ferguson, husband and wife, Respondents.

Court of Appeals of Oregon.

Decided August 3, 1994.

Attorney(s) appearing for the Case

Donald R. Crane, Klamath Falls, argued the cause and filed the brief for appellant.

Robert H. Grant, Medford, argued the cause and filed the brief for respondents.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

EDMONDS, Judge.

Plaintiff brought this action to foreclose a construction lien under ORS 87.060. The trial court dismissed plaintiff's claim against defendants Ferguson1 pursuant to ORCP 21 A and entered judgment accordingly. ORCP 67 B. Plaintiff appeals, and we reverse.

From April 10, 1992, through July 27, 1992, plaintiff furnished materials to defendants for the remodeling of a building owned by defendants. Plaintiff was not...

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