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DONAHOO v. ZACHARIAS

60-84-05471; CA A39980.

737 P.2d 1250 (1987)

85 Or.App. 551

Mary K. DONAHOO, Respondent, and State of Oregon, Department of Human Resources, Appellant, v. John R. ZACHARIAS, Respondent.

Court of Appeals of Oregon.

Decided May 27, 1987.

Attorney(s) appearing for the Case

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lois Ann Day, Eugene, argued the cause and filed the brief for respondent John R. Zacharias.

No appearance for respondent Mary K. Donahoo.

Before BUTTLER, P.J., and WARREN and and ROSSMAN, JJ.

PER CURIAM.

The state appeals from an order of the trial court setting aside a default judgment against respondent. See ORCP 71B. That order is not appealable, Wershow v. McVeety Machinery, 263 Or. 97, 101, 500 P.2d 696 (1972), unless the court lacked jurisdiction over the parties or subject matter. Flynn v. Davidson, 80 Or. 502, 155 P. 197, 157 P. 788 (1916). The only contention here is that the trial court erred...

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