CMS SHEEP CO., INC. v. RUSSELL

97 CV 4969; A110447.

39 P.3d 262 (2002)

179 Or. App. 172

CMS SHEEP CO., INC., Respondent-Cross-Appellant, v. Roger S. RUSSELL; Burnette M. Russell; and Mary E. Baker, Individually and as Trustees of the Russell Revocable Trust dated September 26, 1984; Robert P. Kingzett, and Orland E. Kingzett, Individually and as Trustee of the O.E. and Mary Kingzett Family Trust dated July 2, 1994, Appellants-Cross-Respondents, and Valley Land Co., Appellant, and Amvesco, Inc., and Ever Green Logging, Inc., Defendants.

Court of Appeals of Oregon.

Decided January 30, 2002.


Attorney(s) appearing for the Case

Kate A. Thompson, Eugene, argued the cause for appellants-cross-respondents Roger S. Russell, Burnette M. Russell, and Mary E. Baker. With her on the reply brief were William H. Martin and Gleaves Swearingen Larsen Potter Scott & Smith, LLP. On the opening brief were William H. Martin, Todd R. Johnston, and Gleaves Swearingen Larsen Potter Scott & Smith, LLP.

James C. Chaney, Eugene, argued the cause for appellant Valley Land Co. and appellants-cross-respondents Robert P. Kingzett and Orland E. Kingzett. With him on the briefs was Jaqua & Wheatley, P.C.

Charles F. Lee argued the cause for respondent-cross-appellant. With him on the brief was Lee & Kaser, P.C.

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


LANDAU, P.J.

Plaintiff CMS Sheep Co., Inc. (CMS), initiated this action for breach of contract, timber trespass, and various equitable claims against defendants Roger S. Russell, Burnette M. Russell, and Mary E. Baker (the Russells) and defendants Valley Land Co., Inc. (Valley), and Robert P. Kingzett and Orland E. Kingzett (the Kingzetts). CMS prevailed on its timber trespass claim against the Kingzetts and Valley, but it lost on all others. The trial court entered...

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