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CITY OF TURNER v. CITY OF SALEM

151,204; CA A36505.

723 P.2d 364 (1986)

80 Or. App. 651

CITY OF TURNER, a Municipal corporation, Appellant, v. CITY OF SALEM, a Municipal corporation, Respondent.

Court of Appeals of Oregon.

Decided August 13, 1986.

Attorney(s) appearing for the Case

Sharman R. Meiners, Stayton, argued the cause for appellant. With him on brief were Murley M. Larimer and Larimer & McGehee, Stayton.

David J. De Martino, Deputy City Atty., Salem, argued the cause for respondent. With him on brief was William J. Juza, City Atty., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Plaintiff appeals from the trial court's judgment of dismissal in this declaratory judgment action and contends that the court erred by granting defendant's motion for summary judgment.

Plaintiff purchases water from defendant pursuant to a May, 1957, agreement. Paragraph 4 of that agreement provides, in part:

" * * * For water so taken by the City of Turner, said city shall pay the City of Salem such rates or charges as...

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