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JEWELL v. KROO

517 P.2d 657 (1973)

Grant E. JEWELL and Marjorie A. Jewell, Husband and Wife, Appellants, Leo S. Mitzkowski and Camille Mitzkowski, Husband and Wife, Plaintiffs, v. John KROO and Jane Doe Kroo, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 31, 1973.

Rehearing Denied February 14, 1974.

Attorney(s) appearing for the Case

Howard R. Hedrick, Portland, argued the cause for appellants. With him on the briefs were Hedrick, Fellows & McCarthy, P.C., Portland.

George H. Layman, Newberg, argued the cause for respondents. With him on the brief was Allyn E. Brown, Newberg.

Rehearing Denied February 14, 1974. See 518 P.2d 1305.

HOLMAN, Justice.

Plaintiffs, two married couples who are adjoining landowners, sought an injunction and damages because defendants came onto the property of the plaintiffs Jewell and destroyed a rock and earthen dam which was used as a source of irrigation water for the plaintiffs Mitzkowski. Defendants cross complained, seeking to have a water easement for their benefit declared valid and to have plaintiffs...

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