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HAHM v. HILLS

A-8107-04433; CA A26507.

689 P.2d 995 (1984)

70 Or.App. 275

Min Boo HAHM and Miryung Hahm, Walter F. Brown and Barbara Brown, Edward Buhn and Virginia Buhn and Edith Hawley, Edwin Y. Chen and Jessie Y. Chen, Lloyd Danielson and Janice Danielson, John M. DeGroat and Michel DeGroat, Eileen Grigsby, Eugene M. Hahn, James P. Holson, As Custodian for Eric R. Holson, a Minor, James P. Holson, As Trustee for the James P. Holson Trust, H. Ross McDowell and Dorothy L. McDowell, Michael J. O'Gara and Janelle O'Gara, Mark P. Ronayne and Linda Ronayne, Allen G. Stechmesser, Robert W. Sudlow and Allen G. Stechmesser, As Joint Venturers, Allen G. Stechmesser and Robert W. Sudlow, As Trustees for the Far West Marketing Profit Sharing Trust Fund, Joseph Stronko, Constance M. Vance, Darrell Williams and Daphne Williams, Patrick Ross Crosby, Respondents, v. John HILLS, Appellant, and Robert Landman, Defendant.

Court of Appeals of Oregon.

Decided October 10, 1984.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellant John Hills. With him on the briefs were Wayne Hilliard, Milo P. Petranovich, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Gary M. Berne, Portland, argued the cause for respondents Min Boo Hahm and Miryung Hahm, Walter F. Brown and Barbara Brown, Edward Buhn, Virginia Buhn and Edith Hawley, Edwin Y. Chen, Jessie Y. Chen, Lloyd Danielson, Janice Danielson, John M. DeGroat, Michel DeGroat, Eileen Grigsby, Eugene M. Hahn, James P. Holson, as custodian for Eric R. Holson, a minor, James P. Holson, as trustee for the James P. Holson Trust, H. Ross McDowell, Dorothy L. McDowell, Michael J. O'Gara, Janelle O'Gara, Mark P. Ronayne, Linda Ronayne, Allen G. Stechmesser, Robert W. Sudlow, Allen G. Stechmesser as joint venturers, Allen G. Stechmesser, and Robert W. Sudlow, as trustees for the Far West Marketing Profit Sharing Trust Fund, Joseph Stronko, Constance M. Vance, Darrell Williams, Daphne Williams, and Patrick Ross Crosby. With him on the briefs was Stoll & Stoll, P.C., Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

This is a securities case in which plaintiffs alleged that defendant Hills and others violated state and federal securities laws. They sought $569,000 in damages plus more than $200,000 in attorney fees, expenses and costs. Defendant Hills appeals from a judgment for plaintiffs. The dispositive issue is whether the trial court abused its discretion in striking defendant's appearance, in declaring him in default and in entering judgment for plaintiffs...

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