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PIONEER RESOURCES, LLC v. LEMARGIE

No. 97-0938262; A106375.

27 P.3d 520 (2001)

175 Or. App. 202

PIONEER RESOURCES, LLC, Appellant, v. Paul E. LEMARGIE, Carl Lee Sells, Perry Wayne Ulmen, Thad Sells, Tane V. Sells, Twila M. Speer, Michael C. Smith and Lucille M. Smith, Respondents, and Raymond M. Porter and Nila Porter, Defendants.

Court of Appeals of Oregon.

Decided July 5, 2001.

Attorney(s) appearing for the Case

H. Andrew Clark argued the cause for appellant. With him on the briefs were William H. Martin and Gleaves, Swearingen, Larsen, Potter, Scott & Smith, Eugene, LLP.

Timothy J. O'Hanlon, Pendleton, argued the cause for respondents. With him on the brief was Mautz, Baum & O'Hanlon, La Grande, LLP.

LINDER, Presiding Judge, and KISTLER and BREWER, Judges.

LINDER, P.J.

This action arises out of a dispute over ownership of timber rights on a parcel of real property. Plaintiff, Pioneer Resources, LLC, seeks, among other relief, a declaration that it has the right to harvest merchantable timber on defendants' real property based on a 1971 deed.1 The dispositive issue on appeal is the interpretation of that deed. Because we conclude that the trial court erred in its interpretation of the deed...

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