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AGRI-LINK CORP. v. SCHMITZ

538 P.2d 924 (1975)

AGRI-LINK CORP., a Delaware Corporation, Appellant, v. Gayle SCHMITZ et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided August 7, 1975.

Attorney(s) appearing for the Case

Robert M. Johnstone, McMinnville, argued the cause for appellant. With him on the briefs were Francis E. Marsh and Marsh, Marsh, Dashney & Cushing, McMinnville.

William D. Rutherford, of Rutherford & Drabkin, McMinnville, argued the cause and filed the brief for respondents.

TONGUE, Justice.

This is a suit to enjoin arbitration proceedings under ORS 607.304 to determine the amount of "costs" payable to defendants for the "taking up" and "keeping" of plaintiff's cattle, which had strayed upon defendants' land, and for damages allegedly caused by such cattle. Plaintiff appeals from an order dismissing its second amended complaint after the court had sustained a demurrer and plaintiff had declined to file a further amended complaint.

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