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NEWPORT TERMINALS, INC. v. SUNSET TERMINALS, INC.

566 P.2d 1181 (1977)

279 Or. 93

NEWPORT TERMINALS, INC., Respondent, v. SUNSET TERMINALS, INC. and Northwest Natural Gas Company, Appellants.

Supreme Court of Oregon, In Banc.

Decided July 11, 1977.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for appellants. With him on the briefs for Northwest Natural Gas Co. were John P. Bledsoe, and Dezendorf, Spears, Lubersky & Campbell, Portland. Maynard Wilson, Cottage Grove, and James H. Lewelling, Newport, filed a brief for Sunset Terminals, Inc.

John E. Frohnmayer, Portland, argued the cause and filed a brief for respondent.

LENT, Justice.

Defendants appeal from a declaratory judgment. The trial court upheld a provision in a lease between plaintiff-lessee and defendants' predecessor in interest and held that the provision operates against defendants.

On February 16, 1967, Yaquina Bay Dock & Dredge Co., defendants' predecessor in interest, entered into a lease with plaintiff, Newport Terminals, Inc. The lease conveyed an interest in 22 acres of land with two existing docks...

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