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STATE, BY & THROUGH ST. FORESTER v. ESTREMADO

No. 78-2981-L-2; CA 14582.

609 P.2d 893 (1980)

45 Or.App. 967

STATE of Oregon, Acting BY and THROUGH Its State Forester, J.E. Schroeder, Appellant, v. Dan ESTREMADO, and Estremado & Sons, Respondents.

Court of Appeals of Oregon.

Decided April 21, 1980.

Attorney(s) appearing for the Case

Jan P. Londahl, Asst. Atty. Gen., argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

John W. Eads, Jr., Medford, argued the cause for respondents. With him on the brief was Frohnmayer, Deatherage, deSchweinitz & Eads, Medford.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

RICHARDSON, Judge.

The state in this civil action contends that defendant1 failed to make every reasonable effort to extinguish a forest fire and that consequently, it is liable for the state's cost of abating the fire. ORS 477.066(1); ORS 477.068(1). At the close of the evidence in a trial to a jury, the court granted defendant's motion for directed verdict and entered judgment thereon. The state appeals, assigning as error the order...

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