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VERTOPOULOS v. SISKIYOU SILICATES, INC.

9710-07751; A106573.

34 P.3d 704 (2001)

177 Or. App. 597

Stefanos VERTOPOULOS and Nicholas D. Nicklos, Appellants-Cross-Respondents, v. SISKIYOU SILICATES, INC., an Oregon corporation, and R.A.M. Exploration, Inc., an Oregon corporation, Respondents, and Raymond A. Huckaba and Lee Meyer, Respondents-Cross-Appellants, and Markey L. James, Defendant.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

Michael J. Morris, Portland, argued the cause and filed the brief for appellants-cross-respondents.

Jonathan M. Radmacher, Portland, argued the cause for respondents and respondents-cross-appellants. On the briefs were Christine Coers-Mitchell and McEwen Gisvold Rankin Carter & Streinz.

Before EDMONDS, Presiding Judge, and HASELTON and KISTLER, Judges.

KISTLER, J.

Plaintiffs sold land to defendants, who intended to operate a mine on it. Defendants began mining the land but also began harvesting timber. Plaintiffs brought this action against defendants, alleging that they had cut the timber in violation of two land sale agreements. Defendants moved for summary judgment because the written land sale agreements did not prohibit them from cutting timber. The trial court granted defendants' motion and awarded them some...

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