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IMHOF v. TILLAMOOK CTY.

567 P.2d 1054 (1977)

30 Or.App. 675

Thomas IMHOF and Gertrude Imhof, Appellants, v. TILLAMOOK COUNTY, a Public Subdivision of the State of Oregon, and Port of Tillamook Bay, a Municipal Corporation, Respondents. Hans Leuthold, Frances Leuthold, Dan Leuthold and Carol Leuthold, Appellants, Tillamook County, a Public Subdivision of the State of Oregon, and Port of Tillamook Bay, a Municipal Corporation, Respondents. Fritz Baumgartner and Harriette Baumgartner, Appellants, v. Tillamook County, a Public Subdivision of the State of Oregon, and Port of Tillamook Bay, a Municipal Corporation, Respondents.

Court of Appeals of Oregon.

Decided August 22, 1977.

Attorney(s) appearing for the Case

Raymond R. Bagley, Jr., Oregon City, argued the cause for appellants. With him on the brief was Jack, Goodwin & Urbigkeit, Oregon City.

Edward H. Warren, Portland, argued the cause for respondent Tillamook County, a public subdivision of the State of Oregon (Case No. 15-988 and Case No. 16-726). With him on the brief was Hershiser, Mitchell & Warren, Portland.

No appearance for Port of Tillamook Bay.

Warren McMinimee, Tillamook, argued the cause for respondent Tillamook County, a public subdivision of the State of Oregon (Case No. 16-088), and respondent Port of Tillamook Bay, a municipal corporation. On the brief was Douglas E. Kaufman, and McMinimee & Kaufman, Tillamook.

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

SCHWAB, Chief Judge.

The plaintiffs in the captioned cases appeal from orders of the trial court dismissing those cases without prejudice for want of prosecution alleging abuse of discretion on the part of the trial court.1 We do not find such abuse and therefore affirm.

Imhof v. Tillamook County, Case No. 15-988, was commenced March 20, 1972. The theory of plaintiffs' case is that defendants failed to properly maintain...

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