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FLECK v. NEAL

514 P.2d 1101 (1973)

H.J. FLECK and Norma J. Fleck, Husband and Wife, Respondents, v. Sidney NEAL and Melissa Neal, Husband and Wife, Appellants, and Fred Holfert and Pauline Holfert, Husband and Wife, Respondents.

Supreme Court of Oregon.

Decided October 11, 1973.

Attorney(s) appearing for the Case

L. Charles Purvis, Toledo, argued the cause for appellants. On the brief were Osterlund & Purvis, Toledo.

James H. Lewelling, Newport, argued the cause and filed a brief for respondents H.J. and Norma J. Fleck.

Before O'CONNELL, C.J., and DENECKE, TONGUE, HOWELL and BRYSON, JJ.

O'CONNELL, Chief Justice.

This is a suit in which plaintiffs seek damages and an injunction to restrain defendants from interfering with a sewer line and septic tank constructed by plaintiffs. Defendants claim ownership of the tank and ask the court to enjoin plaintiffs from interfering with their use of it. The trial court held in favor of plaintiffs. Defendants appeal.

The parties own contiguous parcels of land in Block A, Breakers Addition to Depoe Bay...

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