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MILLER v. GRANTS PASS IRR. DIST.

No. CA 14444; SC 27051.

622 P.2d 729 (1981)

290 Or. 487

Robert MILLER, Petitioner, v. GRANTS PASS IRRIGATION DISTRICT, a Quasi-Municipal Corporation, and the State of Oregon, Respondents. Lisa Miller, a Minor, by and through Her Guardian Ad Litem, Robert Miller, Petitioner, v. Grants Pass Irrigation District, a Quasi-Municipal Corporation, and the State of Oregon, Respondents.

Supreme Court of Oregon, In Banc.

Decided February 4, 1981.

Attorney(s) appearing for the Case

James C. Waggoner, Portland, argued the cause for petitioners. With him on the briefs were Gary M. Georgeff, Lloyd B. Ericsson, and Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

John Eads, Medford, argued the cause for respondent Grants Pass Irr. Dist. With him on the brief were William V. Deatherage, of Frohnmayer & Deatherage, Medford.

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for respondent State of Oregon. With him on the brief were James A. Redden, Atty. Gen., and Richard L. Caswell, Asst. Atty. Gen., Salem.

MEMORANDUM OPINION.

The Court of Appeals published an opinion in support of its decision in favor of defendants. Miller v. Grants Pass Irrigation, 45 Or.App. 823, 609 P.2d 859 (1980). Plaintiffs petitioned for review, ORS 2.520, and we allowed the petition, 290 Or. 171 (1980).

On the morning of oral argument on January 6, 1981, defendant State of Oregon filed a written motion for...

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