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KEITH BROWN LUMBER YARD v. B & L ELEC.

98P-1174; A111309.

48 P.3d 209 (2002)

182 Or.App. 279

KEITH BROWN LUMBER YARD, an Oregon corporation, Appellant, v. B & L ELECTRIC, INC., dba Custom Electric, an Oregon corporation; Parr Lumber Company, an Oregon corporation; Bill Stanley Homes, Inc., an Oregon corporation; John or Jane Does 1-20; Betty Stanley; and Bill Stanley, Defendants, and Tran Co., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided June 19, 2002.

Attorney(s) appearing for the Case

Terrence Kay, Salem, argued the cause for appellant. With him on the brief was Terrence Kay, P.C.

David A. Hilgemann, Salem, argued the cause for respondent. With him on the brief was Law Offices of David Hilgemann.

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

SCHUMAN, J.

Plaintiff, a lumber supplier, appeals from a judgment rejecting its attempt to foreclose four construction liens it held on property owned and developed by defendant Tran Co. The trial court found that Tran Co. had paid plaintiff, albeit indirectly, for the material on which plaintiff's claim is based. Plaintiff appeals, and we affirm.

Because defendant Tran Co. prevailed on an affirmative defense that was legal in nature—payment of the...

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