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KEYBANK NAT. ASS'N v. DPR CONST., INC.

C042137CV; A128322.

149 P.3d 233 (2006)

209 Or. App. 435

KEYBANK NATIONAL ASSOCIATION, a National Banking Association, Appellant, v. DPR CONSTRUCTION, INC., a California corporation, Respondent.

Court of Appeals of Oregon.

Decided December 6, 2006.

Attorney(s) appearing for the Case

Stephanie Hendricks, Portland, argued the cause for appellant. On the briefs were Jeffry S. Garrett and Lane Powell PC.

Thomas F. Landers argued the cause for respondent. With him on the brief were Michael D. Breslauer and Solomon Ward Seidenwurm & Smith, San Diego, California, and Julie R. Vacura and Larkins Vacura, LLP.

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

LANDAU, P.J.

At issue in this case is whether defendant DPR Construction, Inc. (DPR), a general contractor, paid an obligation to one of its subcontractors before or after receiving notice from plaintiff KeyBank National Association (KeyBank) that the obligation had been assigned to the bank. The trial court concluded that DPR had already made the payment to the subcontractor by the time it received the notice and therefore...

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