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WIRTH v. SIERRA CASCADE, LLC

0604364CV; A136617.

230 P.3d 29 (2010)

234 Or. App. 740

David B. WIRTH and Diana R. Wirth, Plaintiffs-Respondents, v. SIERRA CASCADE, LLC, an Oregon limited liability company; and its sole member Dana Van Pelt, Defendants-Appellants. Sierra Cascade, LLC, an Oregon limited liability company, Third-Party Plaintiff, v. C.B. Foss, an individual; Pat Schafner, an individual, dba South Central Pumice; and Does 1-10, Third-Party Defendants.

Court of Appeals of Oregon.

Decided April 14, 2010.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellants.

Charles F. Hinkle, Portland, argued the cause for respondents. With him on the brief were Andrew R. Gardner and Stoel Rives LLP.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

This case arises from a dispute between plaintiffs David and Diana Wirth and defendants Sierra Cascade, LLC and Dana Van Pelt over the ownership of certain mineral rights, including the right to mine pumice, in the approximately 28,000 acres of land that comprise the "Liskey Estate Tract" (the tract) in Klamath County.1 Plaintiffs filed a declaratory judgment action to determine the scope of defendants' interest in the tract...

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