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KILGORE v. PROTRAN TRANSMISSION, INC.

29-417; CA A39491.

764 P.2d 587 (1988)

94 Or.App. 44

Kenneth KILGORE and Donna Kilgore, Husband and Wife, Respondents, v. PROTRAN TRANSMISSION, INC., David Gunderson, and Terry Newbourn and Lucille Newbourn, Husband and Wife, Defendants, and Robert J. Boyer, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1988.

Attorney(s) appearing for the Case

Clayton C. Patrick, Salem, argued the cause for appellant. With him on the brief was William D. Brandt, Salem.

W. Eugene Hallman, Pendleton, argued the cause for respondents. On the brief were Joel S. DeVore and Mautz, Hallman & DeVore, Pendleton.

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

RICHARDSON, Presiding Judge.

Defendant Boyer1 appeals from the trial court's denial of his motion for relief from a default judgment. The court found defendant in default as a sanction for noncompliance with a discovery order and entered an order of default. Plaintiffs did not provide defendants with a notice of application for judgment, as prescribed by former ORCP 69 B(2),2 after the default order...

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