ELLIOTT v. OREGON INTERN. MINING CO.

No. 7844; CA A23405.

654 P.2d 663 (1982)

60 Or.App. 474

Virginia C. ELLIOTT, Thomas Elliott, Keith C. Elliott and Bill Elliott, Appellants, v. OREGON INTERNATIONAL MINING CO., a Corporation, Respondent — Third-Party Plaintiff, v. Grant County, Oregon, a Political Subdivision of the State of Oregon, Third-Party Defendant.

Court of Appeals of Oregon.

Decided December 1, 1982.


Attorney(s) appearing for the Case

Claud Ingram, Salem, argued the cause and filed the brief for appellants.

Charles P. Denkers, Hillsboro, argued the cause for respondent — third-party plaintiff. With him on the brief was William B. Murray, Portland.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


VAN HOOMISSEN, Judge.

Plaintiff appeals a trial court judgment order allowing defendant Oregon International Mining Co.'s motion for partial summary judgment and dismissing plaintiffs' complaint for general and punitive damages for damaging and destroying the surface, trees and fences on plaintiffs' property. We affirm.

Plaintiffs are holders of a patent issued by the United States under the Stock Raising Homestead Act of 1916, 43 U.S.C. § 291 et seq...

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