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ZIDELL MARINE CORP. v. WEST PAINTING, INC.

No. 9307-04357; Ca A81893.

894 P.2d 481 (1995)

133 Or. App. 726

ZIDELL MARINE CORPORATION, a corporation, Plaintiff, v. WEST PAINTING, INCORPORATED, a corporation, Terry K. Gaya, Holly Gaya, Capital Resource Finance Corp., a corporation, John Maring, Rodda Paint Co., a corporation, and Jotun Valspar Marine Coatings, also known as Jotun Valspar, a division of The Valspar Corporation, a corporation, Respondents, and Miller Paint Co., Inc., a corporation, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted January 3, 1995.

Decided April 19, 1995.

Review Allowed June 20, 1995.

Attorney(s) appearing for the Case

Monica M. O'Brien, Portland, argued the cause, for appellant. With her on the opening brief was Gleason, Scarborough, McNeese, O'Brien & Barnes, P.C. With her on the reply brief were Curt B. Anderson and Gleason, Scarborough, McNeese, O'Brien & Barnes, P.C.

Gary Roberts, Portland, argued the cause, for respondents West Painting, Inc., Terry K. Gaya, Holly Gaya, Capital Resource Fin. Corp., and John Maring. With him on the brief was Schwabe, Williamson & Wyatt.

No appearance for respondent Jotun Valspar Marine Coatings.

No appearance for respondent Rodda Paint Co.

Resubmitted in banc January 3, 1995.

De MUNIZ, Judge.

Plaintiff Zidell Marine Corporation (Zidell) brought this interpleader action under ORCP 31 to determine priority among competing claims to money Zidell owes under a contract with defendant West Painting, Inc. (West). On cross-motions for summary judgment, the trial court entered a 67 B judgment finding that defendant Capital Resource Finance Corp. (Capital) had a perfected security interest in the funds...

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