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NORTHWEST EXPLOR. CO. v. MOORE OREGON LUMBER

No. 80-1357; CA A21318.

645 P.2d 570 (1982)

NORTHWEST EXPLORATION COMPANY, a Delaware Corporation, Respondent, v. MOORE OREGON LUMBER Company, a Nevada Corporation; Coos County Oregon; Leo J. Cary, Jr., Trustee for the Leo J. Cary Trust; and Dorothy Cary, Respondents, George L. Plum, Beverly R. Plum, and All Other Persons or Parties Unknown Claiming Any Right, Title Lien or Interest in the Property Described in the Complaint Herein, Defendants, Ruth E. Horn and Fanchon Lois Adams Pierce, Appellants.

Court of Appeals of Oregon.

Decided May 26, 1982.

Attorney(s) appearing for the Case

Guy A. Stokes, Coos Bay, argued the cause for appellants. With him on the briefs was Chandler, Walberg & Stokes, Coos Bay.

S. Kyle Huber, Portland, argued the cause for respondent Northwest Exploration Co. With him on the brief was S. Kyle Huber & Associates, P.C., Portland.

James G. Richmond, Roseburg, argued the cause for respondent Leo J. Cary, Jr., trustee for the Leo J. Cary Trust. On the brief were Dudley C. Walton, and Geddes, Walton, Richmond, Nilsen & Smith, Roseburg.

Norman J. Wiener, Portland, waived appearance for respondent Moore Oregon Lumber Co.

Peter A. Kasting, County Counsel, Coos Bay, waived appearance for respondent Coos County Oregon.

No appearance made by respondent Dorothy Cary.

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

BUTTLER, Presiding Judge.

Defendants Horne and Pierce appeal from a judgment of the circuit court reforming a 59-year-old judgment and quieting title to the mineral rights, including oil and gas, in certain real property in defendant Leo J. Cary, Jr., as trustee for the estate of Leo J. Cary. The sole question before us is whether the trial court erred in reforming the judgment.

Plaintiff, the owner of gas and oil leases, instituted this action to determine...

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