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IN MATTER OF MARRIAGE OF VOGT

557 P.2d 704 (1976)

27 Or.App. 919

In the matter of the Dissolution of the MARRIAGE OF Mitchell Lee VOGT, Respondent, and Leslie L. Vogt, Appellant.

Court of Appeals of Oregon.

Decided December 27, 1976.

Attorney(s) appearing for the Case

Donald S. Kelley, Roseburg, argued the cause for appellant. With him on the brief was Luoma, Kelley & Wolke, Roseburg.

James C. Farrell, P.C., and Robert C. Millikan, Roseburg, filed the brief for respondent.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

PER CURIAM.

In this dissolution-of-marriage proceeding the former wife appeals from an order of the trial court denying her motion to vacate a decree of dissolution on the ground of surprise and excusable neglect. She contends that it was an abuse of discretion for the trial judge to deny her motion. Suffice it to say that under the circumstances only if the trial judge had allowed the motion would abuse of discretion be a serious issue.

It is particularly...

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