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STATE EX REL. STATE FARM, ETC. v. OLSEN

SC 25744.

590 P.2d 231 (1979)

285 Or. 179

STATE of Oregon ex rel. State Farm Mutual Automobile Insurance Company, Relator, v. Jack F. OLSEN, Judge of the Circuit Court of the State of Oregon for the Sixth Judicial District, Defendant.

Supreme Court of Oregon, In Banc.

Decided February 7, 1979.

Attorney(s) appearing for the Case

W. Eugene Hallman of Mautz & Hallman, Pendleton, argued the cause and filed a brief for relator.

Lawrence B. Rew of Corey, Byler & Rew, Pendleton, argued the cause and filed a brief for defendant.

Argued and Submitted at Pendleton on Demurrer to Alternative Writ of Mandamus, October 30, 1978.

LINDE, Justice.

The issue before us is whether a summary judgment may be set aside on a motion filed more than ten days after the filing of the judgment.

A policyholder sought a declaratory judgment against plaintiff insurance company in the circuit court for Umatilla County. The circuit judge, defendant in the present proceeding, signed an "Order for Summary...

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