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HARVEY ALUM. v. SCHOOL DISTRICT NO. 9

248 Or. 167 (1967)

433 P.2d 247

HARVEY ALUMINUM, Respondent, v. SCHOOL DISTRICT NO. 9, WASCO COUNTY, Appellant, SCHOOL DISTRICT NO. 12, WASCO COUNTY ET AL, Respondents.

Supreme Court of Oregon.

Affirmed as modified November 8, 1967.

Attorney(s) appearing for the Case

M.D. Van Valkenburgh, The Dalles, and Howard A. Rankin, Portland, argued the cause for appellant. On the briefs were Heisler & Van Valkenburgh, The Dalles, and Shuler, Rankin, Myers & Walsh, Portland.

Sam F. Speerstra, Salem, argued the cause for respondent Harvey Aluminum. On the briefs were Rhoten, Rhoten & Speerstra, and David A. Rhoten, Salem.

Charles A. Phipps, The Dalles, argued the cause for respondent School District No. 12. On the brief were Phipps, Phipps & Dunn, The Dalles.

Donald H. Turner, Wasco County District Attorney, The Dalles, argued the cause and filed a brief for respondents and cross-appellants Trent, Wood and (Morris) Bennett.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, DENECKE, REDDING and FORT, Justices.

AFFIRMED AS MODIFIED.

O'CONNELL, J.

This is an appeal by defendant School District No. 9 from a decree of the circuit court of Wasco County purporting to carry out our mandate in Harvey Aluminum v. School District No. 9, 239 Or. 571, 399 P.2d 149 (1965). The sheriff, assessor and treasurer of Wasco County, who are also defendants, cross-appeal.

The litigation commenced on September...

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