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APPLETON v. OREGON IRON & STEEL CO.

229 Or. 81 (1961)

358 P.2d 260

366 P.2d 174

IN THE MATTER OF THE DETERMINATION OF THE RELATIVE RIGHTS TO THE USE OF THE WATERS OF THE TUALATIN RIVER AND ITS TRIBUTARIES. APPLETON ET AL v. OREGON IRON & STEEL COMPANY

Supreme Court of Oregon.

Motion to dismiss appeal submitted November 14, 1960.

Denied December 29, 1960.

Affirmed November 15, 1961.

Attorney(s) appearing for the Case

Cookingham & Maletis, Portland, for the motion.

Bush & Bradley, Hillsboro, contra.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

ON MOTION TO DISMISS

MOTION DENIED.

PER CURIAM.

The respondent, Oregon Iron & Steel Company, has moved to dismiss appellants' appeal on the ground that the notice of appeal in this matter was not given within the time allowed for appeals, generally, as provided by ORS 19.026(1), hereinafter called the general appeal statute. It reads:

"Except as provided in subsections (2) and (3) of this section...

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