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FITZSTEPHENS v. WATSON ET AL

218 Or. 185 (1959)

344 P.2d 221

FITZSTEPHENS v. WATSON ET AL

Supreme Court of Oregon.

Affirmed September 23, 1959.

Attorney(s) appearing for the Case

J.B. Bedingfield, Coos Bay, argued the cause for appellants. With him on the brief was Herbert R. Dewart, Gold Beach.

Frederic H. Starkweather, Jr., Gold Beach, argued the cause and submitted a brief for respondent and cross-appellant.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and CRAWFORD, Justices.

AFFIRMED.

O'CONNELL, J.

This is an appeal by the defendants from a decree permanently enjoining the defendants from interfering with the flow of water in a pipeline running from a reservoir on defendants' land to the land of the plaintiff. The decree also enjoined the defendants from violating the terms of an "Easement Deed" in which the defendants covenanted to maintain the water system through which the water was conveyed to the grantee's land. The plaintiff...

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