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ALBANY & EASTERN RAILROAD CO. v. MARTELL

A161921.

511 P.3d 1101 (2022)

319 Or. App. 816

ALBANY & EASTERN RAILROAD COMPANY, an Oregon corporation, Plaintiff-Appellant, v. Michael MARTELL and Cindy Martell, a married couple; John Harcrow and Elaine Harcrow, a married couple; Jeffrey Kaiser and Beverly Kaiser, a married couple; Joanne Fagan, an individual; Ray McMullen and Michelle McMullen, a married couple; Jeremy Orr and Karen Orr, a married couple; Richard Hutchins and Jill Hutchins, a married couple; Laura Mithoug, an individual, Defendants-Respondents.

Court of Appeals of Oregon.

May 25, 2022.

Attorney(s) appearing for the Case

John Kennedy , Lebanon, argued the cause for appellant. Also on the briefs was The Morley Thomas Law Firm.

Dan Armstrong argued the cause for respondents. Also on the brief was Heilig Misfeldt & Armstrong, LLP.

Before Mooney, Presiding Judge, and Pagán, Judge, and DeHoog, Judge pro tempore.

This case is before us on remand from the Supreme Court. Albany & Eastern Railroad Co. v. Martell, 366 Or. 715, 729, 469 P.3d 748 (2020) (Albany & Eastern Railroad Co. II), adh'd to as modified on recons., 367 Or. 139, 475 P.3d 437 (2020) (Albany & Eastern Railroad Co. III). In its...

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