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ATKINSON ET AL v. BERNARD, INC.

223 Or. 624 (1960)

355 P.2d 229

ATKINSON ET AL v. BERNARD, INC.

Supreme Court of Oregon.

Modified and remanded September 14, 1960.

Attorney(s) appearing for the Case

Winfrid K. Liepe, Portland, argued the cause for appellant. With him on the briefs were William H. Morrison, Portland, Carrell F. Bradley, Hillsboro, Stuart W. Richardson, and Maguire, Shields, Morrison, Bailey & Kester, Portland.

Wayne Hilliard, Portland, argued the cause for respondents-cross-appellants. With him on the brief were William J. Moshofsky and Koerner, Young, McColloch & Dezendorf, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, GOODWIN and HOLMAN, Justices.

MODIFIED AND REMANDED.

GOODWIN, J.

The defendant operator of a small airport appeals, and the plaintiff landowners cross-appeal, from a decree of the circuit court enjoining part, but not all, of the flights from the airport over the lands of the plaintiffs. The parties will be referred to in this opinion as the Airport and the plaintiffs.

In 1918 the Airport commenced operation about one mile north of the...

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