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DOYLE MILLING CO. v. GEORGIA-PACIFIC CORPORATION

473 P.2d 135 (1970)

DOYLE MILLING CO., Inc., an Oregon Corporation, Appellant, v. GEORGIA-PACIFIC CORPORATION, a Georgia Corporation, and Johnson Truck Service, Inc., an Oregon Corporation, Respondents.

Supreme Court of Oregon, In Banc.

Decided August 5, 1970.

Attorney(s) appearing for the Case

Wallace A. Johansen, Coos Bay, argued the cause for appellant. With him on the briefs were McKeown, Newhouse & Johansen, Coos Bay.

R. Alan Wright, Portland, argued the cause for respondents. With him on the brief were King, Miller, Anderson, Nash & Yerke and Fredric A. Yerke, Jr., Portland.

Before PERRY, C.J., and McCALLISTER, SLOAN, O'CONNELL, DENECKE, HOLMAN and TONGUE, JJ.

O'CONNELL, Chief Justice.

This is a suit to enjoin defendants from using a road which crosses plaintiff's land. The suit was filed on June 4, 1968. The trial court denied the prayer for an injunction on the ground that the road in question was a public road. Plaintiff appeals.

Plaintiff is the owner of a parcel of land located in Coos County between Coquille and Myrtle Point. The property is bounded on the east by State Highway 42 and on the west by tracks...

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