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SCHEID v. HARVEY

16-82-04552; CA A32132.

698 P.2d 991 (1985)

73 Or.App. 481

E. Nolan SCHEID, Respondent, v. Karl T. HARVEY, Appellant.

Court of Appeals of Oregon.

Decided May 1, 1985.

Attorney(s) appearing for the Case

James P. Caher and Armstrong, McCullen, Percy and Philpott, Eugene, appeared for the motion.

Terence J. Hammons and Hammons and Mills, Eugene, appeared contra.

Before WARDEN, P.J., JOSEPH, C.J., and YOUNG, J.

On Respondent's Motion to Dismiss Filed July 13, 1984.

YOUNG, Judge.

Plaintiff moves to dismiss the appeal, because the notice of appeal was not "served and filed within 30 days after the entry of the judgment appealed from." ORS 19.026(1). The motion is denied.

Plaintiff's motion for summary judgment was allowed by order dated May 9, 1984. The judgment appealed from was entered May 16. On May 22, which was within ten days from the date the judgment...

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