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WEATHERS v. M.C. LININGER & SONS

No. 81-3627-NJ-3; A26812.

682 P.2d 770 (1984)

68 Or.App. 30

Gladys WEATHERS, Curt Weaver and Neil Burrill, Respondents, v. M.C. LININGER & SONS, Inc., a Corporation, and Meridian Rock, Inc., a Corporation, Appellants.

Court of Appeals of Oregon.

Decided May 2, 1984.

Review Denied July 24, 1984.

Attorney(s) appearing for the Case

Karen C. Allan, Medford, argued the cause for appellants. With her on the brief was Foster & Purdy, Medford.

Ervin B. Hogan, Medford, argued the cause and filed the brief for respondents.

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

YOUNG, Judge.

This is a declaratory judgment action, ORS 28.020, to determine the rights of the parties under an agreement dated November 19, 1980, titled "Agreement for Mining, Sales and Processing of Basaltic Shale Rock, Topsoil and By-Products Thereof." Plaintiffs, owners of the land which is the subject of the agreement, sought a declaration that: (1) a price-fixing provision is a restraint of trade in violation of ORS 646.725 and is illegal, causing the entire...

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