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PORT OF COOS BAY v. CITY OF COOS BAY

541 P.2d 156 (1975)

The PORT OF COOS BAY, a Municipal Corporation, Appellant, v. The CITY OF COOS BAY, a Municipal Corporation, et al., Respondents.

Court of Appeals of Oregon.

Decided October 13, 1975.

Attorney(s) appearing for the Case

George T. Gant, Coos Bay, argued the cause for appellant. With him on the brief were McNutt, Gant & Ormsbee, Coos Bay.

William M. Collver, Coos Bay, argued the cause for respondents City of Coos Bay and City of North Bend. With him on the brief were McInturff, Thom & Collver, Coos Bay.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent State of Oregon, Health Division. With him on the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Marcus K. Ward, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

THORNTON, Judge.

Plaintiff, Port of Coos Bay, appeals from an order of the circuit court denying its request to enjoin defendants from terminating water service to the Charleston Boat Basin.

Plaintiff contends that the court erred in: (1) not finding that the action taken against plaintiff was discriminatory; (2) finding that plaintiff violated Oregon Administrative Rules, ch. 333, § 42-017; (3) failing to find that OAR 333-42-017 is an unreasonable exercise...

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