HOOD RIVER CO. v. NORTHERN PACIFIC, 252 Or. 141 (1969)

448 P.2d 520

HOOD RIVER COUNTY, Respondent, v. NORTHERN PACIFIC RAILWAY COMPANY ET AL, Appellants.

Case No. 2207Oregon Supreme Court.Argued October 28, ____.
Affirmed December 18, 1968, United States Supreme Court Denied certiorari April 1, 1969.

IN BANC

Appeal from Circuit Court, Hood River County, M.W. WILKINSON, Judge.

AFFIRMED.

William B. Wyllie, Salem, argued the cause for appellants. With him on the brief were Rhoten, Rhoten Speerstra, Salem.

Carl R. Neil, Portland, argued the cause for respondent. With him on the brief were Lindsay, Nahstoll, Hart, DaFoe Krause, Portland, and John A. Jelderks, District Attorney, Hood River.

Before McALLISTER, Presiding Justice, and SLOAN, O’CONNELL, DENECKE, HOLMAN and MENGLER, Justices.

PER CURIAM.

This case is identical to that of Hood River County v. Western Tree Farms, Inc. et al, 252 Or. 51, 448 P.2d 519, an Western Tree Farms, Inc. v. Hood River County, 252 Or. 47, 448 P.2d 518, 252 Or. 49, 448 P.2d 519, decided December 11, 1968.

Defendants seek the overruling of Hood River County v. Dabney, 1967, 246 Or. 14, 423 P.2d 954. This we have declined to do.

Affirmed.

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