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McCARTHY v. COOS TIMBER CO.

208 Or. 371 (1956)

302 P.2d 238

McCARTHY ET AL v. COOS HEAD TIMBER COMPANY HONGELL ET UX v. COOS HEAD TIMBER COMPANY

Supreme Court of Oregon.

Affirmed October 3, 1956.

Attorney(s) appearing for the Case

Curtis Cutsforth, Portland, argued the cause for respondents. With him on the brief were King, Miller, Anderson, Nash & Yerke, Ralph H. King and Fredric A. Yerke, Jr., all of Portland.

Joseph McKeown, Coos Bay, argued the cause for appellant Coos Head Timber Company. With him on the brief were McKeown, Newhouse & Johansen, of Coos Bay.

Lloyd Hammel, Assistant Attorney General for Oregon, argued the cause for appellant State of Oregon. On the brief was Robert Y. Thornton, Attorney General for Oregon.

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

AFFIRMED.

BRAND, J.

In this case two suits have been consolidated for trial in the circuit court and on this appeal. We shall refer to the first suit as the McCarthy case and to the second suit as the Hongell case. In both cases the Coos Head Timber Company, a corporation, is the defendant and in both cases the State of Oregon, acting by and through the State Land Board, has filed a complaint in intervention as a defendant. The McCarthy complaint and the Hongell...

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