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STATE EX REL. JOHNSON v. BAUMAN

492 P.2d 284 (1971)

STATE of Oregon ex rel. Lee Johnson, Attorney General of the State of Oregon, Appellant, v. W.C. BAUMAN et al., Respondents.

Court of Appeals of Oregon, Department 2.

Decided December 27, 1971.

Attorney(s) appearing for the Case

Walter L. Barrie, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Lee Johnson, Atty. Gen., and James W. Durham, Jr., Asst. Atty. Gen., Salem.

James H. Clarke, Portland, argued the cause for respondents Bauman and Howard S. Wright Const. Co. With him on the brief were McColloch, Dezendorf, Spears & Lubersky and George L. Kirklin, Portland.

No appearance for respondents Franklin Service Corp. and Paula Munson Penny.

Before LANGTRY, P.J., and FOLEY and THORNTON, Judges.

LANGTRY, Judge.

This appeal by the Attorney General is from an order dismissing his suit for a declaratory judgment against the defendants. The court had sustained the defendants' demurrer to the amended complaint and the Attorney General had refused to plead further.

In the amended complaint plaintiff alleges that the defendants own a number of specifically described lots in Cannon Beach, Oregon, and that they propose...

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