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ZIDELL MARINE CORP. v. WEST PAINTING, INC.

CC 9307-04357; CA A81893; SC S42287.

906 P.2d 809 (1995)

322 Or. 347

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 on Review, and Miller Paint Co., Inc., a corporation, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 1, 1995.

Attorney(s) appearing for the Case

Monica M. O'Brien, of Gleason, Scarborough, McNeese, O'Brien & Barnes, P.C., Portland, argued the cause and filed the petition for petitioner on review.

Gary Roberts, of Schwabe, Williamson & Wyatt, Portland, argued the cause and filed the briefs for respondents on review West Painting, Incorporated, Terry K. Gaya, Holly Gaya, Capital Resource Finance Corp., and John Maring.

No appearance for respondents on review Rodda Paint Co. and Jotun Valspar Marine Coatings.

GRABER, Justice.

The question to be answered in this case is whether a writ of continuing garnishment, provided for in ORS 29.401 to 29.415,1 is available with respect to contract payments owed to an independent contractor for work not yet completed under a "turnkey" purchase order that covers labor and materials. We answer that question "no."

Defendants Terry and Holly Gaya were the owners of West Painting, Inc. (West). West was...

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