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  5. 994 P.2d 112 (1999)
 

KEN LEAHY CONST., INC. v. CASCADE GEN.

(CC 9307-04717; CA A85442; SC S44812)

994 P.2d 112 (1999)

329 Or. 566

KEN LEAHY CONSTRUCTION, INC., an Oregon corporation, Petitioner on Review, v. CASCADE GENERAL, INC., an Oregon corporation, Respondent on Review.

Supreme Court of Oregon.

Decided December 30, 1999.

Attorney(s) appearing for the Case

Charles F. Adams, of Stoel Rives LLP, Portland, argued the cause for petitioner on review. With him on the briefs was Richard E. Alexander.

John R. Faust, Jr., of Schwabe, Williamson & Wyatt, P.C., Portland, argued the cause for respondent on review. With him on the brief was Peter A. Ozanne, Portland.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI, and RIGGS, Justices.

RIGGS, J.

This is an appeal from a declaratory judgment that held that defendant Cascade General, Inc., is the owner of certain dry docks located on the property of plaintiff Ken Leahy Construction, Inc., and that required defendant to take possession of the dry docks. The Court of Appeals reversed that judgment. Ken Leahy Construction, Inc. v. Cascade General, Inc., 149 Or.App. 480, 944 P.2d 951

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