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OREGON MESABI CORP. v. C. D. JOHNSON LUMBER CORP.

No. 11569.

166 F.2d 997 (1947)

OREGON MESABI CORPORATION v. C. D. JOHNSON LUMBER CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

December 12, 1947.

Attorney(s) appearing for the Case

Laing, Gray & Smith, Henry S. Gray, and John R. Becker, all of Portland, Or., for appellant.

King & Wood, Robert S. Miller, and Edward E. Grant, all of Portland, Or., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

Appellant, hereinafter called Mesabi, appeals from a judgment of the district court condemning a right of way for a logging road over appellant's timber land to timber land of appellee, hereinafter called Johnson, enclosed on three sides by Mesabi's lands. The judgment was for an exclusive easement providing that the described road "be and the same hereby is condemned and appropriated to the plaintiff...

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