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CLASS v. CARTER

No. 200 126; CA 18302.

624 P.2d 626 (1981)

51 Or.App. 3

Daniel D. CLASS and Randi Class, Husband and Wife, and Milton Zusman, Respondents, v. R.C. CARTER, Frita Halbrook, Richard Hollriegal, John A. Bridwell, and Wally Jorgensen, Appellants, D.R. Perry and George Dixon, Defendants.

Court of Appeals of Oregon.

Decided March 2, 1981.

Reconsideration Denied April 16, 23, 1981.

Attorney(s) appearing for the Case

Ray D. Sherwood, Portland, argued the cause for appellants. With him on the brief was Gilley & Busey, Portland.

Frank V. Langfitt, III, Portland, argued the cause for respondents. With him on the brief was Lindsay, Hart, Neil & Weigler, Portland.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

JOSEPH, Presiding Judge.

This case began as an FED action in district court. Plaintiff Zusman's predecessors in interest owned land abutting the Columbia Slough and a submerged lands lease in the slough from the state. They leased the premises to defendant Carter, who installed floating moorage facilities and leased spaces to the other defendants and the plaintiffs Class. Zusman purchased the land and took an assignment of the state lease and leased the entire property...

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