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MORGAN v. MASTERS

491 P.2d 637 (1971)

V. Harley MORGAN et al., Appellants, v. William J. MASTERS et al., Respondents.

Court of Appeals of Oregon, Department 1.

Decided December 9, 1971.

Attorney(s) appearing for the Case

Henry Kane, Portland, argued the cause for appellants. On the briefs were Tilbury & Kane, Portland.

Edward J. Sullivan, County Counsel, Hillsboro, argued the cause for respondents William J. Masters, Lyell B. Gardner, John C. Anicker, D. Eldon Hout and Burton Wilson, Jr., in their capacities as Commissioners of the Board of County Commissioners for Washington County; and County of Washington, State of Oregon. DeMar L. Batchelor, Hillsboro, argued the cause for respondents Walter Miller and Alexander Miller, dba Miller Bros. Sanitary Service. On the brief were Edward J. Sullivan, Hillsboro, and DeMar L. Batchelor and Schwenn, Bradley & Batchelor, Hillsboro.

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

LANGTRY, Judge.

This appeal by the plaintiffs is from a judgment dismissing their second amended complaint in a suit for a declaratory judgment. The dismissal followed an order sustaining demurrers based upon the ground that none of the nine alleged causes stated a cause of suit. We condense the allegations of the lengthy second amended complaint under the numbers of the respective causes alleged, as follows:

(1). The plaintiffs are Directors of the Oak Hills...

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