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BEARDS v. DAILEY

TC A 77 06 08071; CA 11279.

589 P.2d 1207 (1979)

38 Or.App. 309

Harvey BEARDS, Respondent, v. Dale D. DAILEY and William M. Dailey, Dba Dailey's Inn, Appellants, Thomas Dailey, Defendant.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Robert L. McKee, Portland, argued the cause and filed the briefs for appellants.

William Aitchison, of Franklin, Bennett, Ofelt & Jolles, P.C., Portland, argued the cause for respondent. On the brief was Larry N. Sokol, of Franklin, Bennett, Ofelt & Jolles, P.C., Portland.

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ., and TONGUE, J. Pro Tem.

TONGUE, Judge Pro Tem.

Defendants appeal from an order denying their motion to set aside an order of default and judgment entered against them.

While recognizing that relief from the entry of a default judgment is within the discretion of the trial court, defendants contend that such discretion must be exercised in such a manner as not to defeat the ends of substantial justice. Defendants then recite facts to support their contention that it was unjust to...

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