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SHELLY ROAD CREST ACRES, ETC. v. CITY, COQUILLE

No. 77-473; CA 9517.

586 P.2d 89 (1978)

36 Or.App. 649

SHELLY ROAD CREST ACRES WATER DISTRICT, a Municipal Corporation, Respondent-Cross-Appellant, v. CITY of COQUILLE, a Municipality, Appellant-Cross-Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted July 26, 1978.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Martin E. Stone, Coquille, argued the cause for appellant-cross-respondent. With him on the briefs was Slack, Slack & Jaques, Coquille.

Fred D. Allen, Coos Bay, argued the cause and filed the briefs for respondent-cross-appellant.

Resubmitted In Banc July 26, 1978.

SCHWAB, Chief Judge.

This is a declaratory judgment proceeding in which the parties seek a determination of their respective rights and duties under a long-term contract for the sale of water from the defendant city to the plaintiff water district. Specifically, the dispute involves the pricing formula of the contract, which provides:

"* * * [T]he [water] District shall pay for water supplied by the City at rates...

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