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REAM v. KEEN

CC 88-1608; CA A66238; SC S39195.

838 P.2d 1073 (1992)

314 Or. 370

Merle REAM and Kathleen Ream, Respondents on Review, v. Gary KEEN, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided October 8, 1992.

Attorney(s) appearing for the Case

Robert G. Ringo, Ringo & Stuber, P.C., Corvallis, argued the cause, for petitioner on review. With him on the petition was Patrick L. Hadlock.

Charles O. Porter, Eugene, argued the cause, for respondents on review. With him on the response was John White, Eugene.

Donald A. Haagensen and Kimball H. Ferris, Cable, Huston, Benedict, Haagensen & Ferris, Portland, filed a brief on behalf of amici curiae Or. Seed Council, Or. Seed Trade Ass'n, and Or. Rye Grass Growers Ass'n.

Joseph H. Hobson, Jr., Lien, Hobson & Johnson, Keizer, filed a brief on behalf of amicus curiae Or. Farm Bureau Federation.

PETERSON, Justice.

This is a trespass action involving adjoining landowners. Plaintiffs seek personal injury and property damages "due to the intrusion of smoke and its lingering odor" caused by defendant's burning of field grass stubble on his adjacent field. The jury returned a verdict for defendant. The Court of Appeals reversed and remanded with instructions. Ream v. Keen, 112 Or.App. 197, 828 P.2d 1038...

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