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WATSON v. BANDUCCI

Nos. 93CV-0701CC; CA A97433, 93CV-0994CC; CA A98289. .

973 P.2d 395 (1999)

158 Or. App. 223

James L. WATSON, Diana Escola, and Watson Escola Partners, Appellants, v. James A. BANDUCCI and Robert Banducci, Respondents, and Mary Jane Banducci, Deceased. Defendant. James L. Watson and Diana Escola Watson, Appellants, v. James A. Banducci, Respondent, and Mary Jane Banducci, Deceased. Defendant.

Court of Appeals of Oregon.

Decided February 3, 1999.

Attorney(s) appearing for the Case

Jeffrey L. Pugh, Roseburg, argued the cause and filed the briefs for appellants.

John R. Huttl, Medford, argued the cause for respondents Robert Banducci and James Banducci. With him on the briefs was Frohnmayer, Deatherage, Pratt, Jamieson, Clarke & Moore, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.

LINDER, J.

In a consolidated trial to the court on two actions,1 the Watsons (plaintiffs) sought damages and injunctions on claims arising from a dispute with the Banduccis (defendants), their neighbors, over an express easement that allows plaintiffs to enter and leave their property over a roadway on defendants' land. The dispute centers on the interpretation of the easement's terms. More specifically, the dispute involves whether defendants...

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