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CITY OF IDANHA v. CONSUMERS POWER, INC.

509 P.2d 1226 (1973)

CITY OF IDANHA, a Municipal Corporation of the State of Oregon, Respondent, v. CONSUMERS POWER, INC., an Oregon Co-Operative Corporation, Appellant.

Court of Appeals of Oregon.

Decided May 14, 1973.

Attorney(s) appearing for the Case

Robert Mix, Corvallis, argued the cause and filed the briefs for appellant.

Scott McArthur, Monmouth, argued the cause for respondent. With him on the brief were McArthur & Horner, Monmouth.

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

THORNTON, Judge.

Defendant, by this appeal, challenges the validity of a decree on mandate entered by the trial court following our decision on the merits on a previous appeal in this case. City of Idanha v. Consumers Power, 8 Or.App. 551, 495 P.2d 294 (1972). So far as material to an understanding of the issues which defendant seeks to raise on this appeal, the thrust of our decision in Idanha was that while plaintiff city...

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