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FAHEY v. CITY OF BEND

449 P.2d 438 (1969)

Donald T. FAHEY and Jeanne Jarrett Fahey, Husband and Wife, Appellants, v. The CITY OF BEND, a Municipal Corporation, Evelyn Blakely Burdett, Aka Evelyn (Holman) Blakely, Cloyde R. Burdett, Husband of Evelyn Blakely Burdett, J. Woodrow Duff, Respondents.

Supreme Court of Oregon, In Banc.

Decided January 15, 1969.

Attorney(s) appearing for the Case

Harry A. English, Bend, argued the cause and filed a brief for appellants.

William M. Holmes, Bend, argued the cause for respondent J. Woodrow Duff. With him on the brief were DeArmond, Gray, Fancher & Holmes, Bend.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and MENGLER, JJ.

Argued and Submitted at Pendleton October 30, 1968.

O'CONNELL, Justice.

This is an action for slander of title and trespass to land. Plaintiffs pray for damages and for an injunction restraining defendants from asserting any claim to the land. The trial court sustained a demurrer to plaintiffs' complaint and plaintiffs appeal.

The land in dispute is the west one-half of a vacated street lying adjacent to Lots 1 and 2, Block 26, Bend Park, City of Bend...

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