MEISSNER v. DILLER

41359; CA A30114.

686 P.2d 1061 (1984)

69 Or.App. 518

Richard D. MEISSNER, Dba Structures Unlimited, Appellant, v. Sanford DILLER and Robert L. Stevens, Co-Partners, Dba Woodlake Apartments; R.L.Q. Corp., an Oregon Corporation, Respondents, Ba Mortgage and International Realty Corporation, a Delaware Corporation; W.C. Bauman Co., Inc., an Oregon Corporation; Larry Lauinger Dba Larry's Ornamental Iron and Steel Fab.; Star Rentals, Inc., an Oregon Corporation; and Lake Oswego Roofing Inc., an Oregon Corporation, Defendants, Franklin, Goodwin, Knutson & Associates, Inc.; Northwest Bonding Agency, Inc.; Ken P. Hansen; Keith Hansen; and John Does One through One Hundred, Defendants.

Court of Appeals of Oregon.

Decided August 29, 1984.

Reconsideration Denied October 12, 1984.

Review Denied November 6, 1984.


Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant. With him on the briefs were John R. Bakkensen, and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Linda M. Seluzicki, Portland, argued the cause for respondents. With her on the brief were Steven K. Blackhurst, and Lindsay, Hart, Neil & Weigler, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

Plaintiff appeals the trial court's order dismissing his complaint for breach of contract, foreclosure of a construction lien and other remedies. Respondents moved to dismiss pursuant to ORCP 54 B(1),1 citing plaintiff's failure to initiate arbitration proceedings following the trial court's order granting defendants' motion to abate the action pending arbitration...

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