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GEORGIA-PACIFIC CORP. v. MILLER

208 Or. 684 (1956)

304 P.2d 428

304 P.2d 440

304 P.2d 441

GEORGIA-PACIFIC CORPORATION v. MILLER ET UX

Supreme Court of Oregon.

Argued September 12, 1956.

Affirmed November 28, 1956.

Motion to dismiss appeal denied November 28, 1956.

Affirmed November 28, 1956.

Attorney(s) appearing for the Case

Walter H. Evans, Jr., argued the cause for appellants. On the briefs were Krause, Evans & Lindsay, Portland.

Norman J. Wiener, Portland, argued the cause for respondent. With him on the briefs were King, Miller, Anderson, Nash & Yerke, Portland.

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

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendants, Tim and Myrl Miller, from a decree of the circuit court which adjudged that:

"Plaintiff, its successors and assigns, has and shall have an easement for the construction, operation, maintenance and use of a right of way for a logging railroad over and across the above-described lands, conditioned upon annual payment to defendants of the total sum of...

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