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NORTHWEST NATURAL GAS v. CHASE GARDENS

(CC 16-91-01370; CA A90481; SC S44281)

982 P.2d 1117 (1999)

328 Or. 487

NORTHWEST NATURAL GAS COMPANY, an Oregon corporation, Petitioner on Review, v. CHASE GARDENS, INC., Respondent on Review, and Key Bank of Oregon, an Oregon state banking corporation; Willamette Production Credit Association, an Oregon business; Centennial Bank, an Oregon state banking corporation; Orix Credit Alliance, Inc., an Oregon corporation; Turco Engineering, Inc., an Oregon corporation; Benno Dobbe, dba Holland America Bulb Farms, a Washington corporation; Westar Marketing Company, dba Oregon Natural Gas Development Corporation, an Oregon corporation; and State Accident Insurance Fund, an Oregon corporation, Defendants.

Supreme Court of Oregon.

Decided May 20, 1999.

Attorney(s) appearing for the Case

John R. Faust, Jr., of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed the briefs for petitioner on review.

Joel DeVore, of Luvass, Cobb, Richards & Fraser, PC, Eugene, argued the cause for respondent on review. With him on the briefs were Joe B. Richards and Robert H. Fraser, Eugene.

Gina Anne Johnnie and Kenneth Sherman, Jr., of Sherman, Sherman & Murch, Salem, filed a brief on behalf of amicus curiae Oregon Bankers Association.

Wendell G. Kusnerus, Portland, filed a brief on behalf of amicus curiae United States National Bank of Oregon.

David F. Rees, of Stoll, Stoll, Berne, Lokting & Shlachter P.C., Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, and KULONGOSKI, Justices.

VAN HOOMISSEN, J.

Plaintiff Northwest Natural Gas Company (NWNG) filed this action for breach of contract and open account against defendant Chase Gardens, Inc. (Chase) and others, seeking to collect money that Chase owed for natural gas and natural gas transportation services, and to foreclose agricultural service liens that NWNG had placed on Chase's crop to secure those amounts. Chase counterclaimed to recover from NWNG for breach of contract and for intentional...

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