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STATE, STATE LAND BD. v. CORVALLIS SAND & GRAVEL CO

536 P.2d 517 (1975)

STATE of Oregon, Acting by and through the State Land Board, Respondent-Cross-Petitioner, v. CORVALLIS SAND AND GRAVEL COMPANY, an Oregon Corporation, Petitioner.

Supreme Court of Oregon.

Decided June 12, 1975.

Attorney(s) appearing for the Case

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

Peter S. Herman, Senior Counsel, Salem, argued the cause for respondent and cross-petitioner. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL and BRYSON, JJ.

HOWELL, Justice.

This is an action in ejectment brought by the state pursuant to ORS 105.005 et seq. The state sought to obtain possession of the Willamette riverbed in the Corvallis area and damages for the reasonable value of the defendant's use of portions of that riverbed. The trial court awarded to the defendant certain portions of the riverbed within an area known as Fischer Cut and awarded other disputed portions to the state. Both parties appealed the judgment...

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