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SMEJKAL v. RICE

543 P.2d 271 (1975)

James A. SMEJKAL, Appellant, v. Richard L. RICE and Helen M. Rice, Husband and Wife, Respondents.

Supreme Court of Oregon, In Banc.

Decided December 12, 1975.

Attorney(s) appearing for the Case

Gary D. Rossi, Coos Bay, argued the cause for appellant. With him on the briefs was McInturff, Thom, Collver & Rossi, Coos Bay.

Mervin W. Brink, Hillsboro, argued the cause for respondents. With him on the brief was Brink & Moore, Hillsboro.

HOLMAN, Justice.

Plaintiff Smejkal and defendants Rice are the owners of contiguous tracts of timber land. This is a suit in equity to establish a boundary line between the two parcels pursuant to ORS 105.705 et seq. Both sides appeal from the decree of the trial court fixing the location of the line.

This is the second case between the parties. The first case was an action by the Rices (present defendants) against Smejkal (present plaintiff) for trespass...

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