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WIMMER v. COMPTON

562 P.2d 976 (1977)

278 Or. 149

Max H. WIMMER and Lavetus M. Wimmer, Respondents/Cross-Appellants, v. Harold COMPTON, Appellant/Cross-Respondent.

Supreme Court of Oregon, In Banc.

Decided April 19, 1977.

Attorney(s) appearing for the Case

Thomas D. Melum, of Frohnmayer & Deatherage, Medford, for the petition.

No appearance contra.

Before DENECKE, C.J., and TONGUE, HOLMAN, HOWELL, BRYSON, LINDE and BRADSHAW, JJ.

On Respondents/Cross-Appellants' Petition for Rehearing March 14, 1977.

PER CURIAM.

Plaintiffs have petitioned this court for rehearing, 277 Or. 313, 560 P.2d 626, alleging the court was in error in construing the testimony of Max Wimmer relating to the raising of the level of West Second Street.

The opinion (277 Or. at 320, 560 P.2d at 630) stated:

"* * * Mr. Thrasher, when...

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