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TAUSCHER v. ANDRUSS

240 Or. 304 (1965)

401 P.2d 40

TAUSCHER ET UX v. ANDRUSS ET UX

Supreme Court of Oregon.

Reversed and remanded April 21, 1965.

Attorney(s) appearing for the Case

Howard E. Parcel, Portland, argued the cause for appellants. With him on the briefs was Harry H. Daniel, Portland.

David P. Templeton, Portland, argued the cause for respondents. With him on the brief were Verne Dusenbery and Dusenbery, Martin, Beatty & Parks, Portland.

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

REVERSED AND REMANDED.

O'CONNELL, J.

This is a suit for a mandatory injunction requiring defendants to change the location of a moorage line. Plaintiffs appeal from a decree denying them equitable relief.

Plaintiffs and defendants own adjoining parcels of land along the Columbia river and both operate marinas. Originally Tom Lineham owned both parcels constituting at that time one parcel with a 250-foot river...

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