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HGC LIMITED v. CASCADE PENSION TRUST

98C18111; A106843.

26 P.3d 842 (2001)

174 Or. App. 464

HGC LIMITED, a Tennessee Limited Partnership; and Pilot Corporation, a Tennessee corporation, Respondents, v. CASCADE PENSION TRUST; Harrison Electrical Workers Trust Fund; National Electrical Benefit Fund; and The Central Inside Electrical Joint Apprenticeship and Training Trust Fund, Appellants. Cascade Pension Trust; Harrison Electrical Workers Trust Fund; National Electrical Benefit Fund; and The Joint Apprenticeship and Training Trust Fund, Plaintiffs, v. James J. Milne dba Eagle Crest Electric Co.; Brooks Lake Enterprises, Inc.; First Tennessee Bank National Association; Riverside Engineering Co., Inc.; Morse Bros., Inc.; and Eagle Crest Electric Co., Defendants.

Court of Appeals of Oregon.

Decided June 6, 2001.

Attorney(s) appearing for the Case

G. David Jewett, Springfield, argued the cause for appellants. With him on the briefs was Thorp, Purdy, Jewett, Urness & Wilkinson, PC.

Jonathan M. Radmacher, Portland, argued the cause for respondents. With him on the brief was McEwen, Gisvold, Rankin, Carter & Streinz, LLP.

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

ARMSTRONG, P.J.

Defendants appeal from a declaratory judgment in favor of plaintiff1 and a supplemental judgment that awarded attorney fees to plaintiff. The declaratory judgment addressed the legal effect of an earlier judgment that defendants had obtained that foreclosed a construction lien against a parcel of real property owned by plaintiff. The court declared that the foreclosure judgment did not encumber plaintiff's interest in the...

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