BD. HIGHER EDUCATION v. UNITED PRESBY. CH.


243 Or. 352 (1966)

413 P.2d 428

STATE BOARD OF HIGHER EDUCATION v. SYNOD OF OREGON OF THE UNITED PRESBYTERIAN CHURCH

Supreme Court of Oregon.

Motion to dismiss appeal granted April 20, 1966.


Attorney(s) appearing for the Case

Phillips, Coughlin, Buell & Phillips, Jarvis B. Black and Warren Hastings, Portland, for the motion.

Robert Y. Thornton, Attorney General, Salem, and Wolf von Otterstedt, Assistant Attorney General, Eugene, contra.

Before PERRY, Presiding Justice, and SLOAN, HOLMAN, LUSK and SCHWAB, Justices.


MOTION TO DISMISS APPEAL GRANTED.

PERRY, J.

The State of Oregon by and through the State Board of Higher Education brought this action to condemn certain real property of the defendant. Judgment was entered in favor of the defendant and the plaintiff appealed.

The defendant filed a motion to dismiss the appeal on the ground that the plaintiff had fully satisfied the judgment rendered in the circuit court and thereby waived its right of appeal. This...

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