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TIPPERMAN v. TSIATSOS

CC 93-12-35919; CA A86086; SC S43269.

964 P.2d 1015 (1998)

327 Or. 539

Mark TIPPERMAN, dba McCoy Meadows Ranch, Petitioner on Review, v. William TSIATSOS, Respondent on Review, and State of Oregon, by the Department of Fish and Wildlife, Respondent.

Supreme Court of Oregon.

Resubmitted July 27, 1998.

Decided October 2, 1998.

Attorney(s) appearing for the Case

Mark Tipperman, La Grande, argued the cause and filed the briefs in propria persona for Petitioner on review.

Steven J. Joseph, La Grande, argued the cause and filed the brief for Respondent on review.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM and LEESON, JJ.

CARSON, Chief Justice.

In this action for a declaratory judgment and an injunction against defendant Tsiatsos (defendant),1 plaintiff asks this court to modify the trial court's judgment, which construed a deed that reserved an easement favorably for defendant. The Court of Appeals affirmed the trial court's judgment, with one minor modification. Tipperman v. Tsiatsos,

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