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PORT OF UMATILLA v. RICHMOND ET AL

212 Or. 596 (1958)

321 P.2d 338

PORT OF UMATILLA v. RICHMOND ET AL

Supreme Court of Oregon.

Reversed and remanded February 5, 1958.

Attorney(s) appearing for the Case

George H. Corey, of Pendleton, argued the cause and filed a brief for appellant.

John F. Kilkenny and John H. Kottkamp, of Pendleton, argued the cause for respondents. With them on the brief were Kilkenny & Fabre, of Pendleton, and Charles L. Powell, of Kennewick, Washington.

Thomas J. White of Portland, filed a brief as amicus curiae for the Oregon State Public Port Authorities Association.

Before PERRY, Chief Justice, and ROSSMAN, BRAND and McALLISTER, Justices.

REVERSED AND REMANDED.

BRAND, J.

This is an action brought by the Port of Umatilla to condemn approximately 168 acres of land belonging to the defendants Richmond. The trial court gave judgment for the defendants and dismissed the action. Plaintiff appeals.

The complaint is in the usual form. Paragraph "VI" thereof reads as follows:

"For the development of port facilities, wharves, dock frontage, harbor improvements, storage facilities, cargo...

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