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GARDNER v. DOLLINA

206 Or. 1 (1955)

288 P.2d 796

GARDNER ET UX v. DOLLINA and ELLIOTT ET AL

Supreme Court of Oregon.

Reversed with directions October 12, 1955.

Petition for rehearing denied December 14, 1955.

Attorney(s) appearing for the Case

Robert D. Lytle argued the cause for appellants. On the brief were Lytle, Kilpatrick and Schroeder, of Vale.

Harold Banta argued the cause for respondents. On the brief were Banta, Silven & Horton, of Baker.

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

REVERSED WITH DIRECTIONS.

TOOZE, J.

This is a suit for an injunction and other relief, brought by William W. Gardner and Jessie Gardner, his wife, as plaintiffs, against G.W. Dollina, W.C. Elliott, and Chester I. Elliott, as defendants, and involves rights to the use of waters from two springs located upon lands owned by plaintiffs in Grant county, Oregon. Upon motion of the plaintiffs, the suit was dismissed as to defendant Dollina. After a trial upon

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