PARKER v. MARSHALL

No. 77-0899; SC 25602.

588 P.2d 40 (1978)

284 Or. 745

Emery E. PARKER and Dorris D. Parker, Husband and Wife, Respondents, v. G.L. MARSHALL, K.J. Marshall and C.W. Marshall, Appellants.

Supreme Court of Oregon, In Banc.

Decided December 29, 1978.


Attorney(s) appearing for the Case

Eldon F. Caley and Jeffrey L. Pugh of Long, Neuner, Dole, Caley & Kolberg, Roseburg, filed briefs for appellants.

Gordon G. Carlson, Roseburg, filed a brief, for respondents.


PER CURIAM.

This appeal involves an easement and is an equitable proceeding. We have read the transcript and examined the exhibits. We agree with the facts as found by the trial judge and the law he applied thereto. We therefore adopt as our opinion so much of his memorandum opinion as is applicable to that part of the decree from which appeal has been taken. It is as follows: "This proceeding is one in declaratory judgment...

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