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STIRLING v. DARI-DELITE, INC.

494 P.2d 252 (1972)

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

Supreme Court of Oregon, In Banc.

March 1, 1972.

Attorney(s) appearing for the Case

Gildea, Speer & McGavic, P.C., and Stephen R. Blixseth, Eugene, for the motion.

TONGUE, Justice.

Upon the affirmance by this court of the order by the trial court refusing to set aside the default judgment in this case plaintiffs have moved for an order assessing damages for the delay resulting from the appeal by defendant. In support of that motion plaintiffs rely upon ORS 19.160, which provides as follows:

"Damages upon affirmance of judgment. Whenever a judgment or decree is affirmed on appeal, and it is for recovery of money...

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