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STEIN ENTERPRISES, INC. v. SHAW

No. 80-1407-E; CA A22520.

642 P.2d 702 (1982)

56 Or.App. 603

STEIN ENTERPRISES, INC., an Oregon Corporation, Appellant, v. Elmer C. SHAW, Respondent.

Court of Appeals of Oregon.

Motion to Dismiss October 27, 1981.

Allowed November 27, 1981.

Petition for Reconsideration filed December 18, 1981.

Attorney(s) appearing for the Case

Donald H. Coulter, and Myrick, Coulter, Seagraves & Myrick, Grants Pass, for petition.

Before THORNTON, P.J., and WARDEN and YOUNG, JJ.

PER CURIAM.

Appellant petitions for reconsideration of the order of this court dismissing its appeal as not having been timely filed. It correctly points out that the purported notice of appeal was filed with the clerk of the circuit court on October 9, 1981, the last day of the 30-day time period allowed by ORS 19.026(1). However, ORS 19.023(2), prior to amendment by Or. Laws 1981, ch. 177, provided:

"A party to a judgment desiring to appeal therefrom *...

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