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ANDERSON v. TUMALO IRRIGATION DIST.

No. 27-172; CA A24313.

667 P.2d 13 (1983)

64 Or.App. 117

Don B. ANDERSON, R.J. Anliker, Judith A. Briles, David Bynum, Robert Coats, David Coonrod, Roy T. Davis, Peter D. Fremery, Rockne Gill, Dirk E. Graves, John Kailey, Larry R. McWilliam, Sydney Maston, David Mills, James Nolan, Richard Northon, Kris Olsen, Ralph Oram, Michael S. Porter, Cleve Pruitt, Frank Ring, Leslie Sutherland, Duane Stensrud, Robert Tovey, George Veenker, William Wessinger, and Dale Woods, Appellants, Robert L. Brittain, Gary Haynes & Randall Moore, Plaintiffs, v. TUMALO IRRIGATION DISTRICT, Third Party Plaintiff-Respondent, the State of Oregon, by and through the Water Resources Department, Third Party Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 3, 1983.

Reconsideration Denied September 16, 1983.

Review Denied October 25, 1983.

Attorney(s) appearing for the Case

Frank M. Parisi, Portland, argued the cause for appellants. With him on the briefs were W.F. Schroeder, Schroeder & Hutchens, Stephanie Freedman, Elliott & Freedman, John W. Gould and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Robert E. O'Rourke, Pendleton, argued the cause for third party plaintiff-respondent. With him on the brief was Kottkamp & O'Rourke, Pendleton.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for third party defendant-respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

RICHARDSON, Presiding Judge.

The plaintiffs in this contract action are owners of separate agricultural lands in the territory of defendant Tumalo Irrigation District (district). They allege that the district has refused to perform its agreements to allocate water to plaintiffs' lands "in the same proportion as it allocate[s] water to other lands" in the district's system. Plaintiffs appeal from the trial court's judgment...

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