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STOVALL v. PUBLISHERS PAPER CO.

TC 36559; SC 25175.

584 P.2d 1375 (1978)

284 Or. 53

George STOVALL, Appellant, v. PUBLISHERS PAPER CO., a Corporation, Darrell Maulding and George M. Churchill, d/b/a D & G Logging Co., Respondents.

Supreme Court of Oregon, Department No. 2.

Decided October 10, 1978.

Attorney(s) appearing for the Case

J. Christopher Minor, of Minor, Yeck & Beeson, P.C., Newport, argued the cause and filed the briefs for appellant.

Charles J. Pruitt, of Dezendorf, Spears, Lubersky & Campbell, Portland, argued the cause for respondents. With him on the brief was Laurence F. Janssen, of Dezendorf, Spears, Lubersky & Campbell, Portland.

Before DENECKE, C.J., and TONGUE, BRYSON and LINDE, JJ.

TONGUE, Justice.

This is a timber trespass case in which plaintiff appeals from the granting of defendants' motion for summary judgment. Plaintiff commenced the action under ORS 105.810, seeking treble damages for defendants' alleged unauthorized cutting of timber on plaintiff's land. Defendants admitted cutting the timber, but alleged as an affirmative defense that they were authorized to do so under a written "timber sale and logging agreement." In his reply plaintiff...

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