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WILBER v. WHEELER

543 P.2d 1052 (1975)

Wright WILBER et al., Petitioners, v. Chris L. WHEELER, State Engineer of the State of Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided December 26, 1975.

Attorney(s) appearing for the Case

William D. Cramer, of Cramer & Pinkerton, Burns, argued the cause and filed a brief for petitioners.

Al Laue and Louis S. Bonney, Asst. Attys. Gen., Salem, argued the cause for respondent. With them on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

HOWELL, Justice.

This mandamus proceeding was instituted by plaintiffs to require the State Engineer to issue a corrected certificate of water right on certain lands owned by plaintiffs in Harney County. The State Engineer demurred to the alternative writ of mandamus on the grounds that plaintiffs had failed to state a cause of action. The circuit court allowed the demurrer, and the Court of Appeals affirmed, 21 Or.App. 239, 534 P.2d 520...

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