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CITY VIEW CEMET'Y v. SALEM MAUS.

209 Or. 199 (1956)

305 P.2d 379

CITY VIEW CEMETERY ASSOCIATION v. SALEM MAUSOLEUM & CREMATORIUM, INC., ET AL

Supreme Court of Oregon.

Affirmed as modified December 31, 1956.

Attorney(s) appearing for the Case

Peter M. Gunnar and Allan G. Carson, Salem, argued the cause for appellant. On the briefs were Peter M. Gunnar and John H. Carson, Salem.

Brazier C. Small, Salem, argued the cause and filed a brief for respondents.

Before WARNER, Chief Justice, and ROSSMAN, PERRY and McALLISTER, Justices.

AFFIRMED AS MODIFIED.

ROSSMAN, J.

This is an appeal by the plaintiff from a declaratory decree of the circuit court, which is adverse to the plaintiff. The latter is the owner of a cemetery. The defendants are the owners of a mausoleum and crematorium which was constructed within the plaintiff's cemetery upon land purchased from it. The complaint sought declarations as to (1) whether the defendants are required to...

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