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McKINLEY v. OWYHEE PROJECT NORTH

85-09-20, 517-L; CA A47525.

802 P.2d 677 (1990)

104 Or.App. 576

R.D. McKinley and Evelyn McKinley, Husband and Wife; W.J. Bertram and Eris Bertram, Husband and Wife; Paul Skeen and Merlyn Skeen, Husband and Wife; Tom Okai and Helen Okai, Husband and Wife; Fred Saito; Okai Farms, Inc., an Oregon Corporation; and Saito Farms, Inc., an Oregon Corporation, Respondents, v. OWYHEE PROJECT NORTH Board of Control; Carl L. Hill, Robert Cruickshank, Alvin Griffin, William H. Kennington, Masa Nishihara, Frank Dines, John Ross and State of Oregon, State Highway Division, and Owyhee Project South Board of Control, Defendants, and Owyhee Irrigation District, a Political Subdivision of the State of Oregon; Ontario-Nyssa Irrigation District, a Political Subdivision of the State of Oregon; Advancement Irrigation District, a Political Subdivision of the State of Oregon; Bench Irrigation District, a Political Subdivision of the State of Oregon; Slide Irrigation District, a Political Subdivision of the State of Oregon; Payette Oregon Slope Irrigation District, a Political Subdivision of the State of Oregon; Crystal Irrigation District, a Political Subdivision of the State of Oregon; Owyhee Project Joint Committee; Gem Irrigation District, a Political Subdivision of the State of Idaho; and Ridgeview Irrigation District, a Political Subdivision of the State of Oregon, Appellants.

Court of Appeals of Oregon.

Petition for Review October 9, 1990.

Decided December 12, 1990.

Attorney(s) appearing for the Case

Tim J. Helfrich, Ontario, for appellant Owyhee Project Joint Committee.

Steven J. Pierce, Ontario, for respondents.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

On Appellant Owyhee Project Joint Committee's Petition for Review October 5, 1990.

On Respondents' Petition for Review October 9, 1990.

BUTTLER, Presiding Judge.

Plaintiffs petition for review of our decision, 103 Or.App. 253, 798 P.2d 673 (1990), contending that we should not have reversed the trial court's decision that the Owyhee Project Joint Committee is the agent for the...

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