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CLEAVER v. JUDD

238 Or. 266 (1964)

393 P.2d 193

CLEAVER, SUCCESSOR IN INTEREST TO BERT AKIN v. JUDD ET AL

Supreme Court of Oregon.

Reversed June 10, 1964.

Petition for rehearing denied September 9, 1964.

Attorney(s) appearing for the Case

Harold Henigson, Nyssa, argued the cause and submitted briefs for appellants.

Charles W. Swan and Robert D. Lytle, Vale, argued the cause for respondents. With them on the brief were Lytle & Goodwin, Vale.

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

REVERSED.

O'CONNELL, J.

Defendants appeal from a decree enjoining them from diverting the waters in an unnamed draw which are used by plaintiffs for irrigation purposes.

The suit may be described roughly as a contest between an irrigation district and two owners of farm land over the right to water in a draw extending through a part of the irrigation district.1 Defendants contend...

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