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GREEN v. WHEELER

458 P.2d 938 (1969)

Maggie Mae GREEN, Lyle Miller and Jane Miller, Husband and Wife, Appellants, v. Chris L. WHEELER, State Engineer for State of Oregon; Floyd Oman, Arnold Braat, M.M. McDole, F.F. McDole, Leota Martin, Ernest R. Cramer, Waldo H. Cramer, Mildred F. Cramer and Hansell Bros., Inc., Respondents.

Supreme Court of Oregon, In Banc.

Decided September 24, 1969.

Rehearing Denied November 18, 1969.

Attorney(s) appearing for the Case

James K. Gardner, Hillsboro, argued the cause for appellants. With him on the briefs were Lee Levenson, Portland, and John C. Caldwell, Oregon City.

Louis S. Bonney, Asst. Atty. Gen., Salem, argued the cause for respondent State Engineer. With him on the briefs was Robert Y. Thornton, Atty. Gen., Salem.

Gene B. Conklin, Pendleton, argued the cause for respondents Ernest R. and Waldo H. Cramer and Leota Martin.

Respondents M.M. and F.F. McDole filed an answering brief pro se.

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

Argued and Submitted at Pendleton May 5, 1969.

O'CONNELL, Justice.

This is a suit for a declaratory judgment in which plaintiffs seek a decree declaring null and void an order of the State Engineer cancelling plaintiffs' permit to appropriate certain ground waters. Plaintiffs appeal from a decree sustaining the State Engineer's order.

On March 29, 1957, G.W. Redwine applied to the State Engineer for a permit to construct a well and appropriate ground...

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