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LONGYEAR v. EDWARDS

217 Or. 314 (1959)

342 P.2d 762

LONGYEAR, ADMINISTRATRIX v. EDWARDS

Supreme Court of Oregon.

Affirmed July 22, 1959.

Attorney(s) appearing for the Case

Clifford Olsen, Portland, argued the cause for appellant. lant. With him on the brief were Anderson, Franklin & O'Brien, and James K. Navarra, Portland.

Roland F. Banks, Portland, argued the cause for respondent. With him on the brief were Mautz, Souther, Spaulding, Denecke & Kinsey, Portland.

Before McALLISTER, Chief Justice, and LUSK, SLOAN and MILLARD, Justices.

AFFIRMED.

MILLARD, J. (Pro Tempore).

This is an appeal by plaintiff from an order of the Circuit Court of Lincoln County, denying a motion to vacate an order dismissing an action for wrongful death for want of prosecution.

The only assignment of error relates to the denial of the court of plaintiff's motion to vacate the previous order dismissing plaintiff's case, it being claimed that the court abused its discretion by its refusal, and that plaintiff...

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