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BRUSCO TOWBOAT CO. v. ST. BY & THROUGH STRAUB

570 P.2d 996 (1977)

31 Or.App. 491

BRUSCO TOWBOAT CO., Knappton Towboat Co., the Mirene Co., Pacific Inland Navigation Co., Ramona Towboat Co., Inc., Sause Bros. Ocean Towing Co., Inc., Shaver Transportation Co., Shepard Towing Co., Smith Tug & Barge Co., Tidewater Barge Lines, Inc., Western Transportation Co. and Willamette Tug & Barge Co., Appellants-Petitioners, v. THE STATE OF OREGON, Acting by and through Robert W. Straub, Clay Myers and James Redden, Constituting the State Land Board, Respondent-Petitioner. The State of Oregon, Respondent-Petitioner, v. Fort Vancouver Plywood Co., a Corporation, Appellant-Petitioner. Port of Astoria, Port of Alsea, Port of Arlington, Port of Bay City, Port of Brookings, Port of Cascade Locks, Port of Coos Bay, Port of Gold Beach, Port of Hood River, Port of Morrow, Port of Newport, Port of Portland, Port of Port Orford, Port of Siuslaw, Port of St. Helens, Port of the Dalles, Port of Tillamook Bay, Port of Toledo, Port of Umatilla and Port of Umpqua, Appellants-Petitioners, v. STATE OF OREGON, Acting by and through Robert W. Straub, Clay Myers and James Redden, Constituting the State Land Board, Respondent-Petitioner.

Court of Appeals of Oregon, In Banc.

Decided November 7, 1977.

Attorney(s) appearing for the Case

Alex L. Parks, Malcolm J. Montague and White, Sutherland, Parks & Allen, Portland, filed appellants-petitioners' petition for reconsideration on October 17, 1977.

James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and Peter S. Herman, Senior Counsel, Salem, filed respondent-petitioner's petition for reconsideration on October 17, 1977.

TANZER, Judge.

Both sides have petitioned for reconsideration and it is appropriate to note two of the contentions of the State Land Board which were not dealt with in the opinion.

First, the Board argues that the estoppel principles which we held limit the Board's power to revoke the riparian license to erect navigational structures should not operate in favor of the plaintiff port districts and against the state...

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