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BEND TARP AND LINER, INC. v. BUNDY

95CV-0515-AB; CA A96548.

961 P.2d 857 (1998)

154 Or. App. 372

BEND TARP AND LINER, INC., an Oregon corporation, Appellant, v. William BUNDY and The Whitcomb Group, Defendants, and Cascade Highlands, LLC, and United Pacific Insurance Co., a Pennsylvania corporation, Respondents.

Court of Appeals of Oregon.

Decided June 10, 1998.

Attorney(s) appearing for the Case

Lawrence W. Erwin, Bend, argued the cause for appellant. On the briefs were Peter A. Ozanne and Schwabe, Williamson & Wyatt, Portland.

John A. Berge, argued the cause for respondents. With him on the brief were Mark G. Reinecke and Bryant, Lovlien & Jarvis, Bend.

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

ARMSTRONG, Judge.

Plaintiff appeals from a judgment that denied its claim to foreclose a construction lien and that awarded defendants damages for breach of contract. We affirm.

Defendants hired plaintiff to install a polyethylene membrane liner in a pond on defendants' golf course in Bend. The pond was to serve as a source of water to irrigate the course. The purpose of the liner was to prevent the water in the pond from escaping through the soil. Defendants...

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