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LAND BD. v. WEST.-PAC. DREDG. CORP.

244 Or. 184 (1966)

416 P.2d 667

STATE LAND BOARD v. WESTERN-PACIFIC DREDGING CORPORATION

Supreme Court of Oregon.

Affirmed July 14, 1966.

Attorney(s) appearing for the Case

Dennis Lindsay, Portland, argued the cause for appellant. With him on the briefs were Krause, Lindsay & Nahstoll and Fredric R. Merrill, Portland.

Walter L. Barrie, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, HOLMAN, LUSK and HAMMOND, Justices.

AFFIRMED.

SLOAN, J.

This is a contest to decide the right of defendant to take, without cost, gravel and other material from the Oregon bed of the Columbia river for use within one-half mile of the Washington bank of the Columbia. Defendant claims free use of the material by ORS 274.550 (1) and (2) which provide:

"Removal of material without lease authorized for certain purposes. (1) The removal of gravel, rock, sand, silt or other material...

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