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LILLEY v. GIFFORD PHILLIPS WOOD PRODUCTS

211 Or. 439 (1956)

305 P.2d 390

313 P.2d 441

316 P.2d 506

LILLEY ET UX v. GIFFORD PHILLIPS WOOD PRODUCTS, INC.

Supreme Court of Oregon.

Argued on rehearing May 6, 1957.

Affirmed December 31, 1956.

Reversed and remanded, former opinion withdrawn June 26, 1957.

Petition for rehearing denied, reversed and remanded October 9, 1957.

Attorney(s) appearing for the Case

Austin Dunn, Baker, argued the cause for appellant. On the brief were Dunn & Jackson, Baker.

David C. Silven, Baker, argued the cause for respondents. On the brief were Banta, Silven & Horton, Baker.

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

Respondents' petition for rehearing denied, reversed and remanded October 9, 1957.

AFFIRMED.

PER CURIAM.

The defendant rented certain real property in Baker, Oregon, from the plaintiffs. On November 2, 1953, the defendant notified the plaintiffs in writing that it was terminating its tenancy as of December 3, 1953. On November 3, 1953, the plaintiffs notified the defendant that it had been using space on the real premises not covered by its tenancy...

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