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PIERCY v. GOLDLEAF CORP.

82-1122C; CA A30911.

719 P.2d 36 (1986)

79 Or.App. 254

James PIERCY, Respondent, v. GOLDLEAF CORPORATION, Defendant, James McMahan, Appellant, Dick Caldwell; Caldwell Acceptance Corp.; and Sammons Trucking Co., Respondents.

Court of Appeals of Oregon.

Decided May 14, 1986.

Attorney(s) appearing for the Case

Keith L. Walker, Hillsboro, argued the cause and filed brief for appellant.

Steven Scroggin, Beaverton, argued the cause for respondent James Piercy. With him on brief was Scroggin & Mason, Beaverton.

No appearance for respondent Dick Caldwell, Caldwell Acceptance Corp. or Sammons Trucking Co.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Defendant McMahan (defendant) appeals from an order refusing to set aside a judgment by default entered against him as a sanction for his failure to appear for a deposition pursuant to an order to compel discovery. ORCP 64 B. We reverse and remand.

The affidavit of plaintiff's attorney and the circuit court record1 show that, on July 6, 1983, following six weeks of trying to arrange for defendant's deposition, plaintiff...

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