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STATE HIGHWAY COMMISSION v. DEMAREST

503 P.2d 682 (1972)

STATE of Oregon, by and through Its State HIGHWAY COMMISSION, Composed of Glenn L. Jackson, Fred W. Hill and Thaddeus B. Bruno, Plaintiff, v. Stanley DEMAREST and Olive Demarest, Husband and Wife, Respondents-Cross-Appellants As to Fowler, Appellants As to Bill Hay, Inc. Bill Hay, Inc., an Oregon Corporation, Respondent As to Demarest et Ux., First National Bank of Oregon, a National Banking Association; Stanley Demarest and LaVerne Demarest, Doing Business As Town House Motel, Defendants, Joseph H. Fowler, Doing Business As the Original Pancake House, Appellant-Cross-Respondent As to Demarest et Ux. Stanley Demarest and Olive Demarest, Husband and Wife, Appellants, v. Joseph H. Fowler, Respondent.

Supreme Court of Oregon, In Banc.

Decided November 30, 1972.

Attorney(s) appearing for the Case

Richard E. Miller, Eugene, argued the cause for appellant Fowler. With him on the briefs were Miller, Moulton & Andrews, and Thelma Chapman Fowler, Eugene.

Stanley R. Darling, Eugene, argued the cause for respondents Demarest. With him on the briefs were Johnson, Johnson & Harrang, Eugene.

Keith Rodman, Eugene, argued the cause and filed the brief for respondent Bill Hay, Inc.

HOWELL, Justice.

This is a proceeding supplemental to a condemnation action to determine the proper allocation of the award made by the State of Oregon in the condemnation case. The award was paid into court, and the parties disagree as to their respective rights in the award and as to the amounts awarded by the trial court. Also involved in this appeal is a forcible entry and detainer action between two of the parties to this litigation. Because of the number of...

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