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YAQUINA BAY TIMB. & LOG. v. SHINY ROCK MIN. CORP.

556 P.2d 672 (1976)

276 Or. 779

YAQUINA BAY TIMBER AND LOGGING CO., a Corporation, Appellant, v. SHINY ROCK MINING CORPORATION ET AL., Respondents.

Supreme Court of Oregon.

Decided November 26, 1976.

Attorney(s) appearing for the Case

Paul Gerhardt, Portland, argued the cause for appellant. With him on the briefs was John E. Johansen, Jr., McCormick & Reynolds, Portland.

Mark S. Dodson, Portland, argued the cause for respondents. Also on the briefs were Oglesby H. Young and Dezendorf, Spears, Lubersky & Campbell, Portland.

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

O'CONNELL, Justice.

This is a suit in equity to quiet title to the surface rights of three patented mining tracts. Defendant, by way of a plea in abatement, challenged the equitable jurisdiction of the court, and after a hearing the trial judge abated the suit and dismissed the complaint. Plaintiff appeals from this decree.

Plaintiff's suit to quiet title was brought under ORS 105.605, which provides that,

"Any person claiming an interest or estate...

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