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PILLOUD v. LINN-BENTON PARK ASS'N

228 Or. 324 (1961)

365 P.2d 116

PILLOUD ET UX v. LINN-BENTON MEMORIAL PARK ASSOCIATION

Supreme Court of Oregon.

Reversed in part, affirmed in part September 27, 1961.

Attorney(s) appearing for the Case

Orval N. Thompson, Albany, argued the cause for appellant. On the brief were Weatherford & Thompson, Albany.

Philip Hayter, Dallas, argued the cause for respondent. On the brief were Hayter & Shetterly, Dallas.

Before ROSSMAN, J., presiding, and PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

REVERSED IN PART; AFFIRMED IN PART.

ROSSMAN, J.

This is an appeal by the defendant, Linn-Benton Memorial Park Association, from a decree of the circuit court which (1) enjoined the defendant from using for cemetery or burial purposes any part of its property that lies within 200 yards of the plaintiffs' home, (2) required the defendant "within 120 days after the entry of this decree, to disinter and remove all human remains heretofore buried within a distance...

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