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CAVENY v. ASHEIM ET AL.

202 Or. 195 (1953)

274 P.2d 281

CAVENY v. ASHEIM ET AL. and THE TRAVELLERS INSURANCE COMPANY STATE OF OREGON EX REL. ASHEIM ET AL. v. PETERS

Supreme Court of Oregon.

Affirmed as modified; amended decree of September 18, 1953.

Original decree as amended by decree of July 21, 1953.

Reversed; writ of mandamus dismissed; suit remanded September 22, 1954.

Attorney(s) appearing for the Case

Jay E. Jordan, of Portland, argued the cause for appellants and petitioners-relators Bernard Asheim and Gable Park, Inc. With him on the briefs were Hickson and Dent, of Portland.

Scott M. Kelley, of Portland, and James K. Gardner, of Hillsboro, argued the cause for respondents. With them on the brief were Kelley and Kelley, of Portland.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK, BRAND and PERRY, Justices.

ORIGINAL DECREE AS AMENDED BY DECREE OF JULY 21, 1953, AFFIRMED AS MODIFIED; AMENDED DECREE OF SEPTEMBER 18, 1953, REVERSED; WRIT OF MANDAMUS DISMISSED; SUIT REMANDED.

WARNER, J.

This matter is unique in that it brings for our consideration as one matter two appeals and a petition for a writ of mandamus, all springing from the same case and here consolidated for argument and final disposition.

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