VAN DYKE v. VARSITY CLUB, INC.

A8606-03623; CA A60891.

796 P.2d 382 (1990)

103 Or.App. 99

Lyle H. VAN DYKE, Myrtle R. Van Dyke, Frederick G. Witham, Individually and As Trustees for the Lyle H. Van Dyke Equity Trust; and Rest-a-Phone Corporation, an Oregon Corporation, Respondents, v. VARSITY CLUB, INC., an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Argued and Submitted May 25, 1990.

Review Denied October 23, 1990.

Reconsideration Denied September 26, 1990.


Attorney(s) appearing for the Case

Patrick N. Rothwell, Portland, argued the cause for appellant. With him on the briefs was Hallmark, Keating & Abbott, P.C., Portland.

Craig D. White, Portland, argued the cause and filed the brief for respondents.

Before RIGGS, P.J., and EDMONDS and DE MUNIZ, JJ.


De MUNIZ, Judge.

Defendant did not appear for trial, and the court entered a judgment for plaintiffs. Defendant contends that the trial court should have granted its motion to set aside the judgment under ORCP 71 B. We reverse.

On June 19, 1986, plaintiffs filed a complaint alleging conversion, trespass and interference with plaintiffs' business by defendant. After a series of ORCP 21 motions by defendant and repleadings by plaintiffs, plaintiffs filed a third...

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