GOLDMARK III v. ANDERSON

16-84-00716; CA A31983.

734 P.2d 3 (1987)

84 Or.App. 287

GOLDMARK III, an Oregon Corporation, Respondent, v. Walter F. ANDERSON, M.D., and Leonna F. Anderson, Husband and Wife; and Brad Anderson, Defendants, Thomas L. Mullins; Team Resources, Inc., an Oregon Corporation; Mullins General Contracting; L.W. Springer and Associates; and L.W. Springer, Individually, Appellants.

Court of Appeals of Oregon.

Decided March 11, 1987.


Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause and filed the brief for appellants.

Owen B. McCullen, Eugene, argued the cause for respondent. With him on the brief was Armstrong, McCullen, Percy & Philpott, P.C., Eugene.

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


ROSSMAN, Judge.

Defendants1 appeal the trial court's denial of their motion to set aside a default judgment against them. We reverse and remand.

Plaintiff filed its complaint in late January or early February, 1984. Defendants' attorney accepted service. On March 14, 1984, plaintiff's attorney mailed a letter, bearing that date, to defendants' attorney. It stated, in part:

"Please see that an Answer is filed in the above...

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