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CLASS v. CARTER

No. 200 126; CA 18302; SC 27724, 27726.

645 P.2d 536 (1982)

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

Supreme Court of Oregon.

Decided May 25, 1982.

Attorney(s) appearing for the Case

Elizabeth K. Reeve, Portland, argued the cause for petitioners/cross-respondents on review. With her on the petition were Ridgway K. Foley, Jr., and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, and Ray D. Sherwood, Martin J. Howard, and Gilley & Busey, Portland. On the brief were Ray D. Sherwood, and Gilley & Busey, Portland.

Frank V. Langfitt, III, Portland, argued the cause for respondents/cross-petitioners on review. With him on the petition and brief was Lindsay, Hart, Neil & Weigler, Portland.

Before DENECKE, C.J., and LENT, LINDE, PETERSON, and CAMPBELL, JJ.

PETERSON, Justice.

This case began as an FED action in district court. We draw upon the Court of Appeals opinion, 51 Or.App. 3, 624 P.2d 626, for the facts and procedural history:

"* * * 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...

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