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NYTCO SERVICES, INC. v. PACIFIC TEOLLISUUS

No. 7421; SC 25589.

590 P.2d 206 (1979)

285 Or. 123

NYTCO SERVICES, INC., a Delaware Corporation, Respondent, v. PACIFIC TEOLLISUUS, Inc., an Oregon Corporation, and Robert L. Praegitzer, Appellants, San Martine Properties, Inc., an Oregon Corporation, and United States of America, a Corporation Sovereign and Body Politic, Defendants.

Supreme Court of Oregon.

Decided February 7, 1979.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause for appellants. With him on the briefs was Roy Dwyer, of Roy Dwyer, P.C., Eugene.

Karen C. Allan, Medford, argued the cause for respondent. With her on the brief were Stuart E. Foster, and Frohnmayer, Deatherage, Foster & Purdy, Medford.

Before DENECKE, C.J., and HOLMAN, TONGUE, HOWELL and LINDE, JJ.

HOLMAN, Justice.

Plaintiff, NYTCO Services Inc., (NYTCO), brought a proceeding against defendant Pacific Teollisuus, Inc., (Pacific) and Robert L. Praegitzer to recover for money paid by NYTCO to a bank upon an indebtedness of Pacific. At trial Pacific and Praegitzer consented to entry of judgment against them. San Martine Properties, Inc., and the United States of America defaulted and Praegitzer did not appeal. The sole issue on appeal is the propriety of the judgment...

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