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RICHARDSON ET UX. v. MURPHY ET AL.

198 Or. 640 (1953)

259 P.2d 116

RICHARDSON ET UX. v. MURPHY ET AL.

Supreme Court of Oregon.

Reversed June 24, 1953.

Attorney(s) appearing for the Case

Sam F. Speerstra argued the cause for appellants. On the brief were Rhoten, Rhoten & Speerstra, of Salem.

Loren D. Hicks, of Salem, argued the cause and filed a brief for respondents.

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

REVERSED.

ROSSMAN, J.

This is an appeal by the plaintiffs, Ward K. and Vera A. Richardson, husband and wife, from a decree of the circuit court which ordered that "the plaintiffs have nothing and their suit be dismissed". The defendants-respondents are the city of Falls City and Vernon Murphy, mayor of that city. The complaint was based upon charges that a trash dump, operated by the city adjacent to property owned...

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