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HILLSBORO R.F.D. v. WASHINGTON COUNTY

237 Or. 494 (1964)

392 P.2d 253

HILLSBORO RURAL FIRE DISTRICT v. WASHINGTON COUNTY

Supreme Court of Oregon.

Reversed May 13, 1964.

Attorney(s) appearing for the Case

Richard Smurthwaite, Deputy District Attorney, Hillsboro, argued the cause for appellant. With him on the brief was Francis W. Linklater, District Attorney, Hillsboro.

Mervin W. Brink, Hillsboro, argued the cause and submitted the brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, GOODWIN, DENECKE and LUSK, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the defendant, Washington County, Oregon, from an order overruling a demurrer and the entry of a default judgment in favor of plaintiff. The amended complaint states:

"* * * the plaintiff was and is a duly organized and existing fire protection district in Washington County, Oregon * * * "That on the 8th day of September and to and including the 11th day of September, at the special instance...

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