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B & R EQUIPMENT SALES, INC. v. COMMONS

16 86 00433; CA A40477.

756 P.2d 1272 (1988)

92 Or.App. 18

B & R EQUIPMENT SALES, INC., an Oregon Corporation, Respondent, v. Thomas W. COMMONS, Appellant.

Court of Appeals of Oregon.

Decided July 6, 1988.

Attorney(s) appearing for the Case

Derrick E. McGavic, Eugene, argued the cause for appellant. On the brief was Guy B. Rencher II, P.C., Corvallis.

Larry J. Anderson, Eugene, argued the cause and filed the brief, for respondent.

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

RICHARDSON, Presiding Judge.

Defendant appeals a judgment based on an order of default. Defendant's answer was stricken by the court under ORCP 46 D for failure to appear for deposition. Plaintiff then filed a single motion for an order of default and a judgment based on that order. Plaintiff concedes that it did not give defendant notice that it was applying for an order of default or a judgment. Defendant did not move to set aside the order of default, ORCP 69 C...

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