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DAY v. GRIFFITH

No. L-2427; SC 25382.

584 P.2d 261 (1978)

283 Or. 393

Timothy D. DAY, Respondent Cross-Appellant, v. George G. GRIFFITH and Lorene A. Griffith, Appellants Cross-Respondents, and Edward C. Kendall and James M. Stirewalt, Respondents.

Supreme Court of Oregon.

Decided September 12, 1978.

Attorney(s) appearing for the Case

Harold Banta, Baker, argued the cause for appellants/cross-respondents Griffith. With him on the briefs were Thomas F. Young, and Banta, Silven & Young, Baker.

W. Eugene Hallman, Pendleton, argued the cause and filed a brief for respondent/cross-appellant Day and respondent Stirewalt. With him on the brief were Robert T. Mautz, and Mautz, Hallman & Rees, Pendleton.

No appearance for respondent Kendall.

Before DENECKE, C.J., and HOLMAN, TONGUE, BRYSON, LENT and LIND, Justices.

Argued and Submitted at Pendleton May 1, 1978.

BRYSON, Justice.

Plaintiff Timothy Day brought this declaratory judgment proceeding, consisting of six causes of complaint, to determine several disputes with defendant George Griffith. Defendants Edward C. Kendall and James M. Stirewalt are nominal parties defendant whose interests are substantially the same as Day's.1 Day and Kendall did...

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