STATE LAND BOARD v. SAUSE ET AL


217 Or. 52 (1959)

342 P.2d 803

STATE LAND BOARD v. SAUSE ET AL

Supreme Court of Oregon.

Affirmed July 1, 1959.


Attorney(s) appearing for the Case

Lloyd G. Hammel, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

John J. Coughlin and Warren Hastings, Jr., Portland, argued the cause for respondents and intervenors. With them on the brief were McMinimee & Kaufman, Tillamook, and Phillips, Coughlin, Buell & Phillips, Portland.

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


AFFIRMED, AS MODIFIED.

ROSSMAN, J.

This is an appeal by the state through its land board (ORS 273.410) from a decree of the circuit court which, after trial of the suit, dismissed the complaint that the board had filed in the name of the state. The defendants are Henry Sause and Curtis Sause, partners who do business under the name of Henry Sause & Son. The business of the partnership is logging and the operation of a log dump. After the suit was filed...

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