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FIALA v. MOTOR VEHICLES DIVISION

567 P.2d 603 (1977)

30 Or.App. 589

Glenn Lewis FIALA, Respondent, v. MOTOR VEHICLES DIVISION, State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided August 17, 1977.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Michael R. Jordan, Portland, argued the cause for respondent. With him on the brief was Jordan & Jordan, Portland.

Before THORNTON, P.J., and TANZER and RICHARDSON, JJ.

RICHARDSON, Judge.

The issue in this appeal is whether the failure of the Motor Vehicles Division to file a responsive pleading to a petition for appeal of a driver's license suspension pursuant to ORS 482.560 is grounds for a default judgment under ORS 18.080.

Following a hearing before the Motor Vehicles Division pursuant to ORS 482.550, petitioner's driver's license was suspended for refusal to submit to a breathalyzer test. ORS 482.540. Petitioner filed...

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