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CALDERWOOD ET AL v. YOUNG

212 Or. 197 (1957)

315 P.2d 561

319 P.2d 184

CALDERWOOD ET AL v. YOUNG

Supreme Court of Oregon.

Reversed, suit dismissed September 18, 1957.

Petition for rehearing denied December 18, 1957.

Attorney(s) appearing for the Case

James M. Burns, of Portland, Special District Attorney for Harney County, argued the cause for appellant. With him on the brief were L.L. Jensen, of Burns, District Attorney for Harney County, and Pat H. Donegan, of Burns, Special District Attorney for Harney County.

P.J. Gallagher, of Ontario, argued the cause for respondents. With him on the brief were Gallagher & Gallagher, of Ontario.

Robert Y. Thornton, Attorney General for Oregon, and John D. Nichols, Assistant Attorney General, both of Salem, filed a brief of Amicus Curiae.

Before PERRY, Chief Justice, and BRAND, McALLISTER and KESTER, Justices.

REVERSED. SUIT DISMISSED.

BRAND, J.

This suit was brought by J.E. Calderwood and wife, and Phillip Defenbaugh, as plaintiffs, against the defendant Clarence Young, Watermaster of Harney County. The plaintiffs sought an injunction restraining the watermaster from interfering with the alleged rights of the plaintiffs to the use of the waters of Trout Creek. After trial the circuit court entered a decree enjoining the Watermaster from interfering with the respective...

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