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MOORE MILL & LBR. CO. v. FOSTER

216 Or. 204 (1959)

336 P.2d 39

337 P.2d 810

MOORE MILL & LUMBER COMPANY v. FOSTER

Supreme Court of Oregon.

Affirmed February 25, 1959.

Petition for rehearing denied April 15, 1959.

Petition to correct opinion denied April 29, 1959.

Attorney(s) appearing for the Case

Thomas H. Tongue, III, Portland, argued the cause for appellant. With him on the brief were William E. Walsh and Robert F. Harrington, Coos Bay.

Norman J. Wiener, Portland, argued the cause for respondent. With him on the brief were Frederic H. Starkweather, Jr., Gold Beach, and King, Miller, Anderson, Nash & Yerke, Portland.

William E. Walsh, Coos Bay, Hicks, Davis, Tongue & Dale, Portland, for petition.

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

AFFIRMED.

ROSSMAN, J.

These are two appeals by the defendant, consolidated through stipulation of the parties, from two judgments rendered by the circuit court in favor of the plaintiff in condemnation actions. The actions were instituted pursuant to ORS 376.505 through 376.540, and the only difference between them is the identity of the real property they affect. Each of the two challenged judgments appropriated to the plaintiff an easement, 80 feet wide...

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