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STATE EX REL. MIX v. NEWLAND

560 P.2d 255 (1977)

277 Or. 191

STATE of Oregon ex rel. Marvin D. Mix, Respondent, v. R.N. NEWLAND, Appellant.

Supreme Court of Oregon.

Decided February 17, 1977.

Attorney(s) appearing for the Case

R.L. Marceau, of Panner, Johnson, Marceau, Karnopp & Kennedy, Bend, argued the cause and filed a brief for appellant.

William M. Holmes, of Gray, Fancher, Holmes & Hurley, Bend, argued the cause and filed a brief for respondent.

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

Argued and Submitted October 26, 1976, at Pendleton.

HOWELL, Justice.

This is the second time that a dispute over a chrysanthemum sport, "Copper Anne," has come before this court. The first was a declaratory judgment proceeding wherein the plaintiff, Marvin Mix, and the defendant, Ron Newland, Mix's employee, both claimed to be the owner and discoverer of the new plant. Newland also contended that exclusive jurisdiction of the dispute was vested in the United...

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