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ALLEN ET UX. v. McCORMICK

193 Or. 604 (1951)

238 P.2d 220

ALLEN ET UX. v. McCORMICK

Supreme Court of Oregon.

Affirmed November 28, 1951.

Petition for rehearing denied January 23, 1952.

Attorney(s) appearing for the Case

W.P. Riddlesbarger argued the cause for appellants. On the brief were Bryson, Riddlesbarger & Bryson, of Eugene.

Herman P. Hendershott, of Eugene, and R.B. Carmichael, of Springfield, argued the cause and filed a brief for respondent and cross-appellant.

Before BRAND, Chief Justice, and LUSK, LATOURETTE, WARNER and TOOZE, Justices.

AFFIRMED.

TOOZE, J.

This is a suit for an injunction and for damages, brought by John T. Allen and Helena S. Allen, husband and wife, as plaintiffs, against J.J. McCormick, as defendant. By his affirmative answer and counterclaim, defendant sought an injunction against plaintiffs and also damages. The trial court entered a decree (1) allowing plaintiffs an injunction, (2) denying damages to plaintiffs, and (3) dismissing defendant's prayer for an injunction...

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