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MALLETT v. BUERMAN

234 Or. 376 (1963)

382 P.2d 79

MALLETT v. BUERMAN ET UX

Supreme Court of Oregon.

Affirmed May 29, 1963.

Attorney(s) appearing for the Case

Robert D. Lytle, Vale, argued the cause for appellant. On the brief were Lytle and Goodwin.

James A. Cox, Ontario, argued the cause for respondents. On the brief were Yturri, O'Kief & COX.

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

AFFIRMED.

O'CONNELL, J.

Plaintiff brought this suit seeking a decree restraining defendants from interfering with plaintiff's roadway easement which ran through defendants' land, and to recover damages for defendants' alleged interference with the roadway. Plaintiff appeals from a decree which, in effect, denied the relief prayed for.

Defendants concede that plaintiff is the owner of a roadway easement approximately...

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