STATE HIGHWAY COM. v. RAWSON


210 Or. 593 (1957)

312 P.2d 849

STATE HIGHWAY COMMISSION v. RAWSON ET AL

Supreme Court of Oregon.

Reversed, injunction issued June 19, 1957.


Attorney(s) appearing for the Case

Frederick A. Morgan, Assistant Attorney General, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General for Oregon, and C.W. Enfield, Leonard I. Lindas, and William H. Winslow, Assistant Attorneys General.

Norman N. Griffith, of Portland, argued the cause and filed a brief for respondents.

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


REVERSED. INJUNCTION ISSUED.

BRAND, J.

This is a suit in equity brought by the State of Oregon by and through its Highway Commission against the defendants Fred P. and Sam D. Rawson, wherein plaintiff seeks an injunction restraining the defendants from trespassing upon and removing cinders from the lands described. The trial court dismissed the suit and plaintiff appeals. The complaint alleges that the plaintiff is...

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