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WAYT v. BUERKEL

CV 91-06-34255; CA A78430.

876 P.2d 868 (1994)

129 Or. App. 119

Robert S. WAYT, Respondent, v. Donald G. BUERKEL, Appellant, and Powder Valley Water Control District, Respondent.

Court of Appeals of Oregon.

Decided July 13, 1994.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, for motion.

No appearance contra.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

On Appellant's Motion for Reconsideration May 27, 1994.

DE MUNIZ, Judge.

Pursuant to ORAP 6.25, defendant moves for reconsideration of our opinion, Wayt v. Buerkel, 128 Or.App. 222, 875 P.2d 499 (1994), in which we held that there is a contract right to receive water that is appurtenant to property owned by plaintiff, but no easement for delivery of the water through defendant's...

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