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STATE LAND BOARD v. GENERAL CONSTRUCTION CO.

465 P.2d 731 (1970)

STATE of Oregon, Acting by and through Tom McCall, Clay Myers, Robert W. Straub, Governor, Secretary of State and State Treasurer, Respectively, Constituting the State LAND BOARD, Respondent, v. GENERAL CONSTRUCTION COMPANY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 5, 1970.

Attorney(s) appearing for the Case

Jonathan A. Ater, Portland, argued the cause for appellant. With him on the briefs were Lindsay, Nahstoll, Hart, Dafoe & Krause, Portland.

Peter S. Herman, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., Jacob B. Tanzer, Solicitor Gen., and Walter L. Barrie, Asst. Atty. Gen., Salem.

Before LANGTRY, P.J., and FORT and BRANCHFIELD, JJ.

LANGTRY, Judge.

This is a suit in equity seeking an injunction and money judgment. Defendant allegedly trespassed on the channel of the Columbia River in Oregon and converted material therefrom, transporting it for fill use on a highway project in the state of Washington. The State of Washington had obtained from the United States Army Corps of Engineers a permit giving authority for channel improvement of the area involved and assigned it to the defendant, which...

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