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JACKSON COUNTY v. COMPTON

No. 76-2008-L-1; CA No. 11316.

599 P.2d 1137 (1979)

41 Or.App. 417

JACKSON COUNTY, a Political subdivision of the State of Oregon, Appellant, v. Betty K. COMPTON, John C. Compton and First State Bank of Oregon, an Oregon Corporation As Trustee of the Thomas E. Whittle Unitrust, Respondents, Thomas E. Whittle, Defendant.

Court of Appeals of Oregon, In Banc.

Resubmitted without oral argument August 14, 1979.

Decided August 20, 1979.

Attorney(s) appearing for the Case

Thomas J. Owens, Medford, argued the cause and filed the briefs for appellant.

William B. Wyllie, Salem, argued the cause and filed the brief for respondents Compton.

Michael J. Morris, Portland, argued the cause for respondent First State Bank of Oregon, an Oregon corporation as Trustee of the Thomas E. Whittle Unitrust. With him on the brief were J. Rion Bourgeois and Evans, Anderson, Hall & Grebe, a Professional Corp., Portland.

Resubmitted en banc without oral argument August 14, 1979.

LEE, Judge.

In this declaratory judgment proceeding, plaintiff, Jackson County (County), prays for a judgment declaring it to be the owner of certain stockpiled gravel; allowing access to the gravel for the purpose of removing it within a reasonable time; and granting damages in the amount of $10,000. In particular, the County asserts that defendants, First State Bank of Oregon (Bank), as trustee of...

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