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JAMES McCAFFREY, P.C. v. MICHEL

8509-06051; CA A41976.

767 P.2d 487 (1989)

95 Or.App. 93

JAMES McCaffrey, P.C., a Professional Corporation, Respondent, v. Vera Davis MICHEL, Personal Representative of the Estate of Raymond S. Michel; Vera D. Michel; Richard D. Turner; Marine Recovery Company; United Holding Co., and Michel Holding Co., Appellants. Leo King, Respondent. Leo King, Respondent, v. JAMES F. MCCAFFREY, P.C., a Professional Corporation, Respondent, Leo King, Respondent, v. Marine Recovery Co.; Richard D. Turner; Vera Davis MICHEL, Personal Representative of the Estate of Raymond S. Michel, and Vera D. Michel, Appellants.

Court of Appeals of Oregon.

Decided January 25, 1989.

Attorney(s) appearing for the Case

William L. Stiles, Portland, argued the cause for appellants. With him on the briefs was Sussman, Shank, Wapnick, Caplan & Stiles, Portland.

Ralph C. Sipprell, Portland, argued the cause for respondent James McCaffrey, P.C. With him on the brief was Hodges & Sipprell, P.C., Portland.

No appearance for respondent Leo King.

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

NEWMAN, Judge.

Defendants1 appeal a judgment by default that the court granted to plaintiff pursuant to ORCP 69 B(2) in his action for attorney fees. They assign as errors that the court granted plaintiff's motion for an order of default, denied defendants' motion to set the default aside, entered the judgment by default and denied defendants' motion to set aside the judgment. We reverse.

In 1985, plaintiff filed the action. In...

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