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GORMAN ET UX v. JONES ET UX

232 Or. 416 (1962)

375 P.2d 821

GORMAN ET UX v. JONES ET UX

Supreme Court of Oregon.

Affirmed as modified November 7, 1962.

Attorney(s) appearing for the Case

James M. Blackford and Edwin E. Allen, Eugene, argued the cause for appellants. On the briefs were Bartle & Allen and James M. Blackford.

Eldon F. Caley, Roseburg, argued the cause for respondents and cross-appellants. On the brief were Long, Neuner, Dole & Caley.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, LUSK and DENECKE, Justices.

AFFIRMED AS MODIFIED.

O'CONNELL, J.

This is a suit for a declaratory judgment in which plaintiffs seek a determination of their rights under a written right-of-way agreement. Plaintiffs also pray for a judgment allowing them attorney's fees in accordance with the terms of that agreement. Defendants appeal from a decree interpreting the agreement in accordance with plaintiffs' prayer. Plaintiffs cross-appeal from that part of the decree denying plaintiffs an...

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