MIX v. NEWLAND


541 P.2d 136 (1975)

Marvin D. MIX, Respondent, v. R.N. NEWLAND, Appellant.

Supreme Court of Oregon.

Decided October 16, 1975.


Attorney(s) appearing for the Case

R.L. Marceau of Panner, Johnson, Marceau & Karnopp, Bend, argued the cause and filed briefs for appellant.

William M. Holmes of Gray, Fancher, Holmes & Hurley, Bend, argued the cause and filed a brief for respondent.

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


O'CONNELL, Chief Justice.

This is a declaratory judgment proceeding in which plaintiff seeks a decree declaring that he is the owner of a certain chrysanthemum sport known as "Copper Anne"; that the patent rights to Copper Anne be vested in plaintiff, and further declaring that defendant has no interest in the sport. Defendant appeals from a decree in favor of plaintiff.

In November 1965, plaintiff purchased from defendant a nursery business known as "Newland...

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