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SMITH v. NYGAARD

CC-89-2118; CA A67107.

834 P.2d 487 (1992)

114 Or. App. 123

Mervin A. SMITH, Receiver for the Heinze Family Partnership, Larry Cave and Deborah Cave, Respondents, v. A. Martin NYGAARD and Donald T. Kelly, Appellants.

Court of Appeals of Oregon.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause for appellants. With him on the briefs were Dan Van Thiel, Astoria, and Jeffrey M. Batchelor and Lane Powell Spears Lubersky, Portland.

Thomas Martin, Jr., Tualatin, argued the cause for respondents. With him on the brief were Ron Reinebach, Astoria, and Martin, Elliott & Long, Tualatin.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DEITS, Judge.

Plaintiffs brought this timber trespass action against defendants, and defendants counterclaimed for timber trespass against plaintiffs. The jury found that both sides had committed timber trespass on the other's property. Defendants appeal. Their sole assignment of error is that the court erred by denying the part of their motion for a directed verdict seeking to have plaintiffs' claim for damages for the cost of removing felled timber withdrawn from...

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