INTERNATIONAL BROTH. v. OREGON STEEL MILLS

(9704-02954; CA A101903)

5 P.3d 1122 (2000)

168 Or. App. 101

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL NO. 48, on behalf of its members previously employed by Industrial Construction Services, Inc.; Trustees of Harrison Electrical Workers Trust Fund, Edison Pension Trust, Metro Electrical Joint Apprenticeship and Training Trust, National Employees Benefit Fund, Ninth District Retirement Plan; and Collection Agent for Employees Covered Under The Electrical Workers Local 48 Administrative Fund, Appellants, v. OREGON STEEL MILLS, INC., a Delaware corporation, dba Oregon Steel Mills; Chemical Bank, as Trustee for the holders of the first mortgage notes due 2003, nka The Chase Manhattan Bank; Anixter, Inc., an active Delaware corporation; J.H. Kelly, Inc., an inactive Washington corporation; and Air Products and Chemical, Inc., an active Delaware corporation, Respondents, and Resource Technologies Group, Inc.; Star Industries, Inc., dba Star Rentals and Sales; Consolidated Electrical District; Vancouver Bolt and Supply, Inc.; Wesco Distribution, Inc.; A.C. Dellovade, Inc.; Dick Industrial, Inc., fka Dick Corporation; International Mills Services Corporation; and Industrial Construction Service, Defendants.

Court of Appeals of Oregon.

Decided May 31, 2000.


Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause for appellants. With him on the briefs was Lane Powell Spears Lubersky.

Daniel K. Reising argued the cause and filed the brief for respondent Oregon Steel Mills, Inc.

No appearance for respondents Chemical Bank, Anixter, Inc., J.H. Kelly, Inc., and Air Products and Chemicals, Inc.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


KISTLER, J.

The trial court granted defendants' motion to dismiss plaintiffs' complaint for failure to state a claim. It ruled that plaintiffs either lacked standing to foreclose a lien against defendants' property or that federal law preempted plaintiffs' lien. The court accordingly entered judgment in defendants' favor and awarded them attorney fees. Plaintiffs appeal. We affirm the judgment in part, reverse it in part, and remand.

The International Brotherhood...

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