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STATE v. CORVALLIS SAND AND GRAVEL COMPANY

538 P.2d 70 (1975)

STATE of Oregon, Acting by and through the State Land Board, Respondent-Cross-Petitioner, v. CORVALLIS SAND AND GRAVEL COMPANY, an Oregon Corporation, Petitioner.

Supreme Court of Oregon, In Banc.

July 17, 1975.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Peter S. Herman, Senior Counsel, Salem, for the respondent-cross-petitioner.

Robert Mix, Corvallis, for the petitioner.

HOWELL, Justice.

In our original opinion we emphasized that we accepted the defendant's petition for review of the decision of the Court of Appeals on the sole issue of the length of Fischer Cut as it existed at the time of the 1909 flood. We held that the length of Fischer Cut as it existed in 1909 was best represented by the channel from Point A to Point B as shown on the 1890 map and remanded the cause with directions to the trial court to correlate Points A and...

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