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CITY OF PORTLAND v. ANDERSON

248 Or. 201 (1967)

432 P.2d 1020

CITY OF PORTLAND, Respondent, v. ANDERSON ET UX, Appellants.

Supreme Court of Oregon.

Appeal dismissed November 8, 1967.

Attorney(s) appearing for the Case

Darwin K. Anderson, Portland, argued the cause and filed a brief for appellants.

Robert L. Hurtig, Portland, argued the cause for respondent. With him on the brief were Alexander G. Brown and Marian C. Rushing, Portland.

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

APPEAL DISMISSED.

DENECKE, J.

The City brought this eminent domain proceeding to secure an easement across defendants' land for construction of a sewer. The City filed a motion for immediate possession, together with supporting affidavit, pursuant to ORS 223.110, which authorizes possession prior to final judgment. The defendants filed an answer and resisted the motion for immediate possession. Oral argument was had on the motion, and the motion was granted...

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