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ELVRUM v. FISH COMMISSION

510 P.2d 593 (1973)

John ELVRUM and Josephine Elvrum, Husband and Wife, Appellants, v. FISH COMMISSION of the State of Oregon et al., Respondents.

Court of Appeals of Oregon.

Decided May 31, 1973.

Attorney(s) appearing for the Case

R. Kent Gardner, Portland, argued the cause for appellants. With him on the briefs was B.G. Birch, Portland.

Edward H. Warren, Portland, argued the cause for respondents. With him on the brief were Hershiser, Mitchell & Warren, Portland.

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

LANGTRY, Judge.

This is an appeal by plaintiffs in an action tried to the court for damages against the Fish Commission of the State of Oregon; Chris L. Wheeler, the state engineer; James W. Carver, the deputy state engineer; and Clayton J. Gardner, watermaster of district No. 1. The court below granted defendants an involuntary nonsuit on the ground the evidence failed to prove defendants' liability.

Plaintiffs owned and operated a trout pond in the Sandy...

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