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POWERS ET UX. v. COOS BAY LUMBER CO.

200 Or. 329 (1953)

263 P.2d 913

POWERS ET UX. v. COOS BAY LUMBER COMPANY

Supreme Court of Oregon.

Affirmed in part, reversed in part November 25, 1953.

Petition for rehearing denied February 10, 1954.

Attorney(s) appearing for the Case

Howard T. McCulloch, of Portland, argued the cause for appellants. With him on the brief was William E. Walsh, of Coos Bay.

J.D. Bedingfield, of Coos Bay, argued the cause for respondent. With him on the brief was D.J. Grant, of Coos Bay.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK, TOOZE and PERRY, Justices.

AFFIRMED IN PART. REVERSED IN PART.

ROSSMAN, J.

This is an appeal by the plaintiffs, husband and wife, from a decree which the circuit court entered in favor of the defendant in a suit wherein the plaintiffs, according to the prayer of their complaint, sought "judgment against defendant for the sum of $25,000 and for a decree permanently enjoining defendant from committing any further trespass upon plaintiffs' said lands." The challenged decree awarded the...

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