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JORDAN v. JORDAN

(98-07-29891E; CA A107620).

8 P.3d 229 (2000)

168 Or. App. 683

Daniel L. JORDAN, Respondent, v. Kathy M. JORDAN and John Jordan, Appellants.

Court of Appeals of Oregon.

Decided June 28, 2000.

Attorney(s) appearing for the Case

Martin Leuenberger, Baker City, argued the cause and filed the brief for appellants.

Carol DeHaven, Vale, Skerjanec argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

Defendant John Jordan1 appeals from a final judgment quieting plaintiff's title to five unpatented lode mining claims. The decisive question on appeal is whether the land on which the parties' overlapping claims were located was open to appropriation when plaintiff located his claims. We review de novo, ORS 19.415(3), and affirm.

The trial court's judgment was based on the following written stipulation of the...

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