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MACON MINING & MFG. CO. v. LASITER

No. 80-551-E; CA A22979.

658 P.2d 505 (1983)

61 Or.App. 689

MACON MINING & MANUFACTURING, Inc., Respondent, v. William LASITER, Appellant. Thomas Allen, Third-Party Plaintiff, v. Macon Mining & Manufacturing Co., Inc., and William Lasiter, Third-Party Defendants.

Court of Appeals of Oregon.

Decided February 16, 1983.

Attorney(s) appearing for the Case

James R. Cartwright, Portland, argued the cause for appellant. With him on the reply brief was Wesley D. Fitzwater, Portland.

Michael D. Snider, Grants Pass, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

WARREN, Judge.

Defendant appeals from a decree that permanently enjoins him from interfering with plaintiff's mining operation. We reverse.

Plaintiff Macon Mining and Manufacturing, Inc. (Macon) was formed by John Miller, Don Kemmerich, Al Nommensen, Lum Carrell and Phillip Leach to obtain mining property for development. The five founders were named as directors of the corporation. Defendant Lasiter is the owner of mining claims, located on federal land,...

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