CRIQUI v. PEARL MUSIC CO., INC.

No. A 76-10-15153; CA 14458.

607 P.2d 1205 (1980)

45 Or.App. 127

John CRIQUI, Respondent, v. PEARL MUSIC CO., INC., a Foreign Corporation, Joseph J. Martin, the Tape Company, a Foreign Corporation, Defendants, Charles Zimmerman, Appellant.

Court of Appeals of Oregon.

Decided March 10, 1980.


Attorney(s) appearing for the Case

Robert M. Taylor and Brad L. Swaner, Salt Lake City, argued the cause and filed the briefs for appellant. With them on the briefs were Stewart, Swaner & Taylor, Salt Lake City, David A. Hytowitz, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Richard D. Senders, Portland, argued the cause and filed the brief for respondent.

Before JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.


JOSEPH, Presiding Judge.

Defendant Zimmerman appeals from the trial court's denial of his motion to set aside a default judgment pursuant to ORS 18.160.1 We affirm.

Plaintiff filed his complaint in February, 1977. Defendant, a resident of Utah, filed an answer in May, 1977. In July, 1977, plaintiff noticed defendant for deposition, but he failed to appear. Thereafter, pursuant to ORS 45.190, plaintiff moved to strike defendant...

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