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SAFEPORT, INC. v. EQUIPMENT ROUNDUP & MFG.

98C-10775; A112787.

60 P.3d 1076 (2002)

184 Or.App. 690

SAFEPORT, INC., an Oregon corporation, Respondent-Cross-Appellant, v. EQUIPMENT ROUNDUP & MANUFACTURING, INC., an Oregon corporation, Appellant-Cross-Respondent, Equipment Roundup & Manufacturing, Inc., an Oregon corporation, Third-Party Plaintiff-Appellant-Cross-Respondent, v. Clay Allen, Third-Party Defendant-Respondent-Cross-Appellant, and Pioneer Trust Bank, Third-Party Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 6, 2002.

Attorney(s) appearing for the Case

Robert J. Miller, Eugene, argued the cause for appellant-cross-respondent. With him on the briefs were Brien F. Hildebrand and Moomaw, Miller & Hildebrand, LLP.

Thomas J. Murphy, Tigard, argued the cause for respondents-cross-appellants Safeport, Inc. and Clay Allen. With him on the briefs was Scott•Hookland LLP.

No appearance for respondent Pioneer Trust Bank.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

BREWER, J.

Defendant Equipment Roundup & Manufacturing, Inc., appeals a judgment foreclosing its construction lien. It assigns error to the trial court's denial of its request for attorney fees and to the court's denial of its motion to reopen the record and amend its pleading to comply with statutory requirements for an award of attorney fees. Defendant also assigns error to the trial court's grant of priority over defendant's lien and its costs and disbursements...

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