GEORGE v. SMITH


443 P.2d 229 (1968)

R. Roger GEORGE, Walter Muck, Jack Young, Tom Kean, John Mercer, John Lindstrom, Walter Roork, Jack McGarrigle, Tom Miller, Lee Turnidge and Paul Burl, Respondents, v. Stanford SMITH, a Single Man, Irvington Theatre, Inc., an Oregon Corporation, Defendants, and Bert W. Walker, a Single Man, and B & D Enterprises, Inc., an Oregon Corporation, Appellants.

Supreme Court of Oregon, Department No. 2.

Decided June 26, 1968.


Attorney(s) appearing for the Case

Norman L. Lindstedt, Portland, argued the cause for appellants. With him on the brief were Buss, Leichner, Lindstedt & Sipprell, Portland.

Warde H. Erwin, Portland, argued the cause and filed the brief for respondents.

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


HOLMAN, Justice.

Plaintiffs brought a suit in equity to restrain defendants from using for commercial purposes Lots 6, 7, 8, 9 and the West 1/2 of 10, Reynolds Mountain View Addition, Plat #2, Multnomah County, and to require removal therefrom of all commercial structures and facilities. The lots in question lie between Marine Drive and the Columbia River. All lots within the plat, with enumerated exceptions which are not...

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