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DOUGLAS COUNTY v. BROWN

No. 77-0257; CA 10446.

587 P.2d 504 (1978)

37 Or.App. 449

DOUGLAS COUNTY, a Political Subdivision of the State of Oregon, Plaintiff, v. Mack BROWN, Respondent, Standard Oil Company of California, Defendant, Forrest Kennaday, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1978.

Attorney(s) appearing for the Case

Gordon G. Carlson, Roseburg, argued the cause and filed briefs, for appellant.

Stuart M. Brown, Eugene, argued the cause and filed brief, for respondent.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

This was a condemnation action in which the sole issue on appeal is which of two defendants — landlord or tenant — is entitled to compensation for the taking of certain trade fixtures. The trial court granted landlord (Brown) all of a condemnation award made by the county. Tenant (Kennaday) appeals, seeking compensation for a building and trade fixtures left on the premises. Tenant contends summary judgment was improper because a genuine...

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