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STIRLING v. DARI-DELITE, INC.

491 P.2d 1168 (1971)

Wallace A. STIRLING and Charlotte H. Stirling, Respondents, v. DARI-DELITE, INC., a Corporation, Appellant.

Supreme Court of Oregon.

Decided December 22, 1971.

Attorney(s) appearing for the Case

Jaqua, Wheatley & Gardner, Eugene, filed a brief for appellant.

Robert J. McCrea, Eugene, argued the cause for respondents. On the brief were Gildea, Speer & McGavic, P.C., Eugene, and Howard E. Speer, Eugene.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.

TONGUE, Justice.

This is an appeal from an order denying a motion to set aside a default judgment.

The complaint in this case, an action for damages for breach of a franchise agreement, was filed on October 8, 1968. On May 5, 1969, no appearance having been made by defendant, plaintiffs moved for an order of default, which was then entered. Defendant then appeared and on May 8, 1969, moved to set aside the order of default, which was then set aside and an...

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