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YORK ET UX v. STALLINGS ET AL

217 Or. 13 (1959)

341 P.2d 529

YORK ET UX v. STALLINGS ET AL

Supreme Court of Oregon.

Modified and remanded June 24, 1959.

Attorney(s) appearing for the Case

W.P. Riddlesbarger, Eugene, argued the cause and filed briefs for appellants.

John F. Kilkenny, Pendleton, argued the cause for respondents. On the brief were Kilkenny & Fabre and John H. Kottkamp, Pendleton.

Before ROSSMAN, Presiding Justice, LUSK, McALLISTER and SLOAN, Justices.

MODIFIED AND REMANDED.

McALLISTER, C.J.

This is a suit in equity brought by Grant York and Iva York, his wife, to enjoin defendants, who operate a sawmill, from interfering with the use and enjoyment of plaintiffs' premises and to recover damages. From a decree in favor of plaintiffs, the defendants have appealed.

Plaintiffs are the owners of a 320 acre farm situated about one and a half miles west of Milton...

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