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BITHER v. BAKER ROCK CRUSHING CO.

438 P.2d 988 (1968)

F.O. BITHER and Gertrude Bither, Husband and Wife, Respondents, v. BAKER ROCK CRUSHING CO., an Oregon Corporation, Appellant.

Supreme Court of Oregon, Department 1.

Decided March 27, 1968.

Attorney(s) appearing for the Case

Thomas J. Moore and Mervin W. Brink, Hillsboro, argued the cause for appellant. With them on the briefs were Brink & Moore, and Allen L. Fallgren, Hillsboro.

Lamar Tooze, Jr., Portland, argued the cause for respondents. With him on the brief were Tooze, Powers, Kerr, Tooze & Peterson, Portland.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE, and LANGTRY, JJ.

LANGTRY, Justice pro tem.

This equity case was tried before circuit judge Avery Combs of the Nineteenth Judicial District shortly before his death on October 12, 1966. He had prepared an "opinion" in the case which was filed on September 27, 1966. After Judge Combs's death, Judge Hammond succeeded to his duties in this case. Judge Hammond, in a memorandum, concluded that the opinion of Judge Combs was definite and constituted a satisfactory basis, as findings and...

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