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DICKEY v. BARNES

519 P.2d 1252 (1974)

Harold H. DICKEY, Jr., et al., Appellants, v. Hilda BARNES et al., Defendants, and Dr. Paul V. Mossberg and Mary Lou Mossberg, Respondents.

Supreme Court of Oregon, In Banc.

Decided March 21, 1974.

Attorney(s) appearing for the Case

Louis M. Giovanini, Beaverton, argued the cause for appellants. With him on the brief was Henry Dane, Beaverton.

Robert P. VanNatta, St. Helens, argued the cause for respondents. On the brief were VanNatta & Petersen, St. Helens.

O'CONNELL, Chief Justice.

This declaratory judgment proceeding was instituted by plaintiffs in an attempt to nullify a condominium development in Clatsop County, and for a decree declaring that the unit owners have an interest as determined by the court. The named defendants (with the exception of the City of Astoria and its named officers) are owners or purchasers of units in the condominium. The majority of these named defendants filed no appearance in the case...

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