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CHOI v. HURLEY

A8409-05662; CA A40380.

739 P.2d 1056 (1987)

86 Or.App. 425

John S. CHOI, Respondent, v. Donald K. HURLEY and Hendrik W. Sharples, Dba Jantzen Beach Coins & Stamps and J.B. & Associates, Defendants, and Richard A. Hurley, Dba Jantzen Beach Coins & Stamps and J.B. & Associates, Appellant.

Court of Appeals of Oregon.

Decided July 22, 1987.

Attorney(s) appearing for the Case

Ron D. Ferguson, Tualatin, argued the cause and filed the brief for appellant.

J. Rion Bourgeois, Portland, argued the cause and filed the brief for respondent.

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

WARDEN, Presiding Judge.

Plaintiff was granted summary judgment "against the defendants, and each of them" for $32,642.40 for failure to deliver silver purchased in 1982 and 1983. Defendant Richard Hurley (defendant) was not served with the summons and complaint until one week after entry of that judgment. He filed a motion for relief from the judgment pursuant to ORCP 71 B(1)(a) and (d).1 The trial court denied the motion, holding...

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