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MOUNT v. MASSACHUSETTS MUT. LIFE INS.

A8901-00193; CA A61196.

796 P.2d 388 (1990)

103 Or.App. 156

Tenny MOUNT, Respondent, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts Corporation, Appellant, and James D. Pittman, Defendant.

Court of Appeals of Oregon.

Argued and Submitted July 2, 1990.

Attorney(s) appearing for the Case

Janet M. Schroer, Portland, argued the cause for appellant. With her on the briefs were Wayne A. Williamson and Schwabe, Williamson & Wyatt, Portland.

Michael A. Greene, Portland, argued the cause for respondent. With him on the brief was Rosenthal & Greene, P.C., Portland.

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

RICHARDSON, Presiding Judge.

Plaintiff brought this action against the defendant insurance company (defendant) and its agent, Pittman. Pittman was served personally and defendant's registered agent, Chamness, was served. Neither of them appeared, and an order of default and a default judgment were duly taken against them. Both defendants moved to set the judgment aside pursuant to ORCP 71 B(1)(a). The trial court allowed Pittman's motion but denied defendant's. Defendant...

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