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OAKES ET AL v. DICKSON

225 Or. 95 (1960)

357 P.2d 385

OAKES ET AL v. DICKSON

Supreme Court of Oregon.

Modified and remanded November 30, 1960.

Attorney(s) appearing for the Case

D.S. Denning, Jr., and Wm. F. Schroeder, Vale, argued the cause for appellants. On the briefs were Lytle, Schroeder & Denning, Vale.

Martin P. Gallagher, Ontario, argued the cause for respondent. With him on the brief was Cecelia P. Galey, Ontario.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and KING, Justices.

MODIFIED AND REMANDED.

GOODWIN, J.

This is an appeal from a decree which dismissed a suit for injunctive relief and damages arising out of a controversy over irrigation water in Malheur County.

The plaintiffs are owners of ranch lands for which they hold rights to certain water. The defendant, a neighboring landowner, has contructed improvements on his own land in or near the bed of a stream and is now taking...

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