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VALSETZ SCHOOL DIST. NO. 62 v. POLK COUNTY

No. 25601; CA 17740.

630 P.2d 1318 (1981)

53 Or.App. 18

VALSETZ SCHOOL DISTRICT NO. 62, a Public Corporation, Appellant-Cross-Respondent, v. POLK COUNTY, Oregon, a Municipal Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided July 6, 1981.

Reconsideration Denied August 20, 1981.

Attorney(s) appearing for the Case

Gerald C. Doblie, Portland, argued the cause for appellant-cross-respondent. On the briefs were Elizabeth Welch and Doblie, Francesconi & Welch, P.C., Portland.

I. Franklin Hunsaker, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Dennis McCaffrey, Polk County Legal Counsel, Dallas, R.R. Bullivant, John W. Buehler, and Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

GILLETTE, Presiding Judge.

Plaintiff school district brought this action for money had and received against defendant county arising from the manner in which the county distributed timber revenues it received in the years 1971 through 1979 from the State Board of Forestry. The money was generated by sales of timber from lands located within the school district. The trial court granted "summary judgment of dismissal" in favor of defendant on the ground that plaintiff...

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