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KETCHAM v. SELLES

85-678-CV; CA A39458.

735 P.2d 1246 (1987)

85 Or.App. 74

Ronald M. KETCHAM, Appellant, v. George W. SELLES and Elaine B. Selles, Husband and Wife, Steven Carson and Joanne Carson, Husband and Wife, Each As an Individual and As a Co-Partner Dba Keno Rock Products, Respondents.

Court of Appeals of Oregon.

Decided April 22, 1987.

Reconsideration Denied June 12, 1987.

Attorney(s) appearing for the Case

David V. Gilstrap, Ashland, argued the cause for appellant. With him on the briefs was Davis, Ainsworth, Pinnock, Davis & Gilstrap, Ashland.

Timothy A. Bailey, Klamath Falls, argued the cause for respondents George W. Selles and Elaine B. Selles. With him on the brief was Crane & Bailey, Klamath Falls.

William M. Ganong, Klamath Falls, argued the cause and filed the brief for respondents Steve Carson and Joanne Carson.

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

WARDEN, Presiding Judge.

Plaintiff appeals from a judgment dismissing his claim for replevin of a rock screening plant and for reasonable rent during the time that defendant retained its possession.1 We reverse.

On April 5, 1979, defendant apparently came into lawful possession of the plant and used it pursuant to a rental agreement with plaintiff.2 On January 14, 1981, in another case involving the...

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