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HARDER ET UX. v. CITY OF SPRINGFIELD ET AL.

192 Or. 676 (1951)

236 P.2d 432

HARDER ET UX. v. CITY OF SPRINGFIELD ET AL.

Supreme Court of Oregon.

Affirmed October 17, 1951.

Attorney(s) appearing for the Case

R.B. Carmichael and Marvin O. Sanders, of Springfield, argued the cause and submitted briefs for appellants.

William S. Fort, of Eugene, argued the cause for respondents. On the brief were Husband, Fort & Johnson, of Eugene.

Before HAY, Acting Chief Justice, and LUSK, LATOURETTE, WARNER and TOOZE, Justices.

AFFIRMED.

WARNER, J.

This is a suit for a declaratory judgment. It is brought by the plaintiffs, James Harder and his wife, Ada Harder, who are owners of and residents upon real property situated on North Tenth street in the city of Springfield, Oregon, lying within the boundaries of an area determined to be benefited by a projected paving improvement of that street. The contested improvement was initiated by the Common Council and by it authorized and directed...

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