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TACOMA RECYCLING v. CAPITAL MATERIAL

No. 7199-1-II.

42 Wn. App. 439 (1985)

711 P.2d 388

TACOMA RECYCLING, INC., Respondent, v. CAPITAL MATERIAL HANDLING CO., Appellant.

The Court of Appeals of Washington, Division Two.

December 26, 1985.

Attorney(s) appearing for the Case

A. Peter Parsons and Weinrich, Gilmore & Adolph, for appellant.

Murray J. Anderson and Anderson & Anderson, for respondent.

REED, J.

Capital Material Handling Company (CMH) appeals from a Pierce County Superior Court judgment in favor of Tacoma Recycling, Inc. (TRI), entered June 24, 1983. We vacate the judgment and remand for new trial.

CMH failed to appear at trial on TRI's breach of contract action in 1980. Utilizing CR 40(a)(5) because of CMH's failure to appear, TRI presented its case and obtained a money judgment against CMH. CMH appealed

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