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SEAL ROCK WATER DIST. v. CITY OF TOLEDO

44305; CA A33786.

712 P.2d 174 (1986)

77 Or.App. 251

SEAL ROCK WATER DISTRICT, an Ors Chapter 264, Domestic Water Supply District, Respondent, v. CITY OF TOLEDO, a Municipal Corporation, Appellant.

Court of Appeals of Oregon.

Argued and Submitted September 6, 1985.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for petitioner. With him on the briefs were Daniel Ousley, Toledo, DeMar L. Batchelor, Schwenn, Bradley, Batchelor & Brisbee, Hillsboro, and, Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Eugene K. Richardson, Newport, argued the cause for respondent. With him on the brief was Richardson, Ouderkirk & Hollen, Newport.

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

YOUNG, Judge.

Defendant appeals from a declaratory judgment construing provisions of a contract dealing with a water rate to be paid by plaintiff to defendant. Under the contract, defendant agreed to treat and deliver water to plaintiff. The trial court declared that defendant had overcharged plaintiff, beginning January 5, 1981, established a method for determining the water rate and ordered defendant to repay the overcharges. We reverse and remand.

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