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PHILLIPS v. GARDNER

469 P.2d 42 (1970)

Glenn R. PHILLIPS and Joy Phillips, Husband and Wife, Respondents, v. Clayton GARDNER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 14, 1970.

Attorney(s) appearing for the Case

Louis S. Bonney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Atty. Gen., Salem, and Donald R. Blensly, Dist. Atty., McMinnville.

H.W. Devlin, McMinnville, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.

SCHWAB, Chief Judge.

The defendant watermaster, who is charged with the duty of distributing water in Yamhill County in accordance with the rights of each user, threatened to cut off plaintiffs' domestic water supply and to empty plaintiffs' impoundment for that purpose to give water to a downstream user who holds the water right for irrigation prior in time to plaintiffs' domestic right. Plaintiffs brought suit to enjoin the defendant

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