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PORTLAND YACHT CLUB v. STATE LAND BOARD

440 P.2d 212 (1968)

PORTLAND YACHT CLUB, a Corporation, Plaintiff, v. The STATE of Oregon, a Political Subdivision of the United States of America, Acting by and through the State LAND BOARD, Appellant, Lawrence K. Clark and Mary W. Clark, Husband and Wife, Respondents and Cross-Appellants.

Supreme Court of Oregon, Department 2.

Decided April 24, 1968.

Attorney(s) appearing for the Case

Walter L. Barrie, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Robert Y. Thornton, Atty. Gen., Salem, and Mallory C. Walker, Asst. Atty. Gen., Salem.

Ralph C. Sipprell, Portland, argued the cause for respondents. With him on the briefs were Curtis W. Leichner, Buss, Leichner, Lindstedt & Sipprell, Portland.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and LUSK, JJ.

SLOAN, Justice.

Plaintiff, Portland Yacht Club, initiated this suit to quiet title to a land mass, as it was referred to in the record, that was formed in the waters of the Columbia River. Defendants Clark, as the purported record title owners, to the disputed land mass and the State were made parties defendant. After the trial commenced, the Yacht Club withdrew its claim of ownership and retired from the case. The trial then continued as

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