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CORVALLIS SAND & GRAVEL CO. v. STATE LAND BOARD

439 P.2d 575 (1968)

CORVALLIS SAND & GRAVEL CO., a Corporation, Respondent, v. STATE of Oregon, Acting by and through the State LAND BOARD, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 10, 1968.

Attorney(s) appearing for the Case

Peter S. Herman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs was Robert Y. Thornton, Atty. Gen.

Thomas H. Tongue, Portland, argued the cause for respondent. With him on the briefs were Robert Mix, Corvallis, and Hicks, Tongue, Dale & Strader, Portland.

Before PERRY, C.J. and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and LUSK, JJ.

LUSK, Justice.

This is a suit in equity brought by Corvallis Sand & Gravel Co., a corporation, to enjoin the State of Oregon, acting by and through the State Land Board, from prosecuting an action of ejectment commenced by the state against the corporation. The state demurred to the complaint on the ground that its allegations "do not constitute an equitable defense to the allegations of the ejectment action brought by the State of Oregon"; the trial court overruled...

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