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REYNOLDS METALS COMPANY v. LAMPERT

No. 17941.

316 F.2d 272 (1963)

REYNOLDS METALS COMPANY et al., Appellants and Cross-Appellees, v. Julius LAMPERT and Evelyn Lampert, Appellees and Cross-Appellants.

United States Court of Appeals Ninth Circuit.

Rehearing Granted June 13, 1963.

Attorney(s) appearing for the Case

King, Miller, Anderson, Nash & Yerke, Fredric A. Yerke, Jr., and Clifford N. Carlsen, Jr., Portland, Or., Gustav B. Margraf and W. Tobin Lennon, Richmond, Va., for appellants and cross-appellees.

Koerner, Young, McColloch & Dezendorf, Herbert H. Anderson, and Michael G. Holmes, Portland, Or., for appellees and cross-appellants.

Before HAMLEY and DUNIWAY, Circuit Judges, and CROCKER, District Judge.

CROCKER, District Judge.

Appellant Reynolds Metals Company operates an aluminum reduction plant near Troutdale, Multnomah County, Oregon. Appellant Henry W. Shoemaker was plant manager at the time of the commencement of the action.

Appellees Julius and Evelyn Lampert own certain real property near Troutdale which they used for growing crops, including gladiolus bulbs, bulblets and flowers.

On June 30, 1959, appellees commenced an action in the Circuit...

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