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PENNY v. BURCH

93-01879-CV; CA A91553.

941 P.2d 1049 (1997)

149 Or. App. 15

Roxanna PENNY, Individually, and Roxanna Penny, as Personal Representative of the Estate of Patrick John Penny, Respondents, v. Robert U. BURCH, Appellant.

Court of Appeals of Oregon.

Decided July 2, 1997.

Attorney(s) appearing for the Case

Matthew G. Fawcett argued the cause and filed briefs for appellant.

Michael G. Ratliff, Klamath Falls, argued the cause for respondent. With him on the brief was Parks & Ratliff.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

This case concerns the propriety of the trial court's grant of summary judgment on plaintiff's1 claim to a 30-foot easement for a roadway across defendant's property. Specifically, defendant appeals from a final "judgment-order"2 granting plaintiff an implied easement across the east 30 feet of defendant's property and permanently enjoining

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