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ROESCH v. WACHTER

No. L-10800; CA 12954.

618 P.2d 448 (1980)

48 Or.App. 893

William H. ROESCH, Appellant-Cross-Respondent, v. Delbert WACHTER, Respondent-Cross-Appellant, and Ferrell Sampson, Respondent.

Court of Appeals of Oregon.

Decided October 20, 1980.

Attorney(s) appearing for the Case

Leeroy O. Ehlers, Pendleton, argued the cause and filed the briefs for appellant-cross-respondent.

Lawrence B. Rew, Pendleton, argued the cause for respondent-cross-appellant. With him on the brief was Corey, Byler & Rew, Pendleton.

James M. Habberstad, The Dalles, argued the cause for respondent. With him on the brief was Dick & Dick, The Dalles.

Before SCHWAB, C.J., and GILLETTE, WARDEN and WARREN, JJ.

WARREN, Judge.

Plaintiff William Roesch brought this action for ejectment against defendant Del Wachter to recover possession of real property, damages, rents and profits. In his answer and equitable counterclaim, Wachter sought a declaration that he was the owner of the real property in question and further prayed that a partnership consisting of Roesch, Wachter and third-party defendant Ferrell Sampson be declared dissolved and that an accounting be taken of the...

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