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COF v. HUDSPETH

(95-3546; CA A99398)

977 P.2d 416 (1999)

159 Or. App. 391

CENTRAL OREGON FABRICATORS, INC., an Oregon corporation, and Jack Rhoden, Respondents, v. Alan HUDSPETH, Barry Hudspeth and F & M Realty Company, Inc., an Oregon corporation, Appellants.

Court of Appeals of Oregon.

Decided March 31, 1999.

Attorney(s) appearing for the Case

Thomas W. Sondag argued the cause for appellants. With him on the briefs was Lane Powell Spears Lubersky LLP.

Gregory P. Lynch argued the cause for respondents. With him on the brief were Stanley D. Austin and Hurley, Lynch & Re, P.C.

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

HASELTON, J.

Defendants appeal from a judgment quieting title to 24,000 acres of land in favor of plaintiffs and extinguishing an express profit a prendre1 granting defendants the right to hunt and fish on plaintiffs' property. On de novo review, ORS 19.415(3), we agree with defendants' principal contention that the trial court erred in concluding that defendants had abandoned their rights or, alternatively, that those rights...

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