
    Argued October 28,
    affirmed December 18, 1968,
    United States Supreme Court denied certiorari April 1, 1969
    HOOD RIVER COUNTY, Respondent, v. NORTHERN PACIFIC RAILWAY COMPANY et al, Appellants.
    
    Case No. 2207
    448 P. 2d 520
    
      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 P2d 519, and Western Tree Farms, Inc. v. Hood River County, 252 Or 47, 448 P2d 518, 252 Or 49, 448 P2d 519, decided December 11, 1968.

Defendants seek the overruling of Hood River County v. Dabney, 1967, 246 Or 14, 423 P2d 954. This we have declined to do.

Affirmed.  