HARVEY ALUMINUM v. SCHOOL DIST. 9


239 Or. 571 (1965)

399 P.2d 149

HARVEY ALUMINUM v. SCHOOL DISTRICT NO. 9, WASCO COUNTY and SCHOOL DISTRICT NO. 12, WASCO COUNTY ET AL

Supreme Court of Oregon.

Reversed and remanded February 10, 1965.


Attorney(s) appearing for the Case

M.D. Van Valkenburgh, The Dalles, and Howard A. Rankin, Portland, argued the cause for appellant. With them on the briefs were Heisler & Van Valkenburgh, The Dalles, and Shuler, Sayre, Rankin & Myers and Michael J. Walsh, Portland.

Charles A. Phipps, The Dalles, argued the cause and submitted a brief for respondent School District 12. With him on the brief were Phipps, Phipps & Dunn, The Dalles.

Sam F. Speerstra, Salem, argued the cause and submitted a brief for respondent Harvey Aluminum. With him on the brief were Rhoten, Rhoten & Speerstra and David A. Rhoten, Salem.

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


REVERSED AND REMANDED.

O'CONNELL, J.

Plaintiff seeks a declaratory judgment establishing the boundary line between School District No. 9 and School District No. 12 in Wasco county. School District No. 9 appeals from a decree fixing the boundary line in accordance with the contention of plaintiff and School District No. 12. The following diagram is helpful in explaining the respective claims of the parties:

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