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McDOWELL WELDING & PIPEFITTING v. US GYPSUM

01-2126; A125459.

149 P.3d 173 (2006)

209 Or. App. 441

McDOWELL WELDING & PIPEFITTING, INC., an Oregon corporation, Appellant, v. UNITED STATES GYPSUM COMPANY, a Delaware corporation; Port of St. Helens, an Oregon municipal corporation; BE & K Construction Co., Inc., an Alabama corporation, Respondents, and Ed Company, dba Electrical Construction Co., Defendant. United States Gypsum Company, a Delaware corporation; BE & K Construction, Co., Inc., an Alabama corporation, and Port of St. Helens, an Oregon municipal corporation, Respondents, v. McDowell Welding & Pipefitting, Inc., an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided December 6, 2006.

Attorney(s) appearing for the Case

Bruce H. Cahn, Portland, argued the cause for appellant. With him on the opening brief was Ball Janik LLP. With them on the reply brief was James T. McDermott, Portland.

Daniel K. Reising argued the cause for respondents United States Gypsum Company and BE & K Construction Co., Inc. With him on the brief were Charles F. Adams, Portland, and Stoel Rives LLP.

No appearance for respondent Port of St. Helens.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Plaintiff McDowell Welding & Pipefitting, Inc., appeals a judgment in favor of defendants BE & K Construction Co., Inc., (BE & K) and United States Gypsum Company on (1) plaintiff's claims including claims of breach of contract and construction lien foreclosure and (2) defendants' counterclaim for declaratory judgment and specific performance of a settlement agreement. Plaintiff's assignments of error pertain to four basic issues: Whether...

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