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LOONEY v. AHO

860855; CA A60843.

795 P.2d 1089 (1990)

102 Or.App. 588

Daniel P. LOONEY, Appellant, and Clarence Kiser, Plaintiff, v. Carol Diane AHO, Respondent, and Gordon M. Riggs, and All Other Persons or Parties Unknown, Claiming Any Right, Title, Estate, Lien, or Interest in the Mining Claims Described in the Complaint, Defendants.

Court of Appeals of Oregon.

Decided August 1, 1990.

Attorney(s) appearing for the Case

Warde H. Erwin, Portland, argued the cause for appellant. With him on the briefs was Erwin & Erwin, P.C., Portland.

Alan H. Johansen, Portland, argued the cause for respondent. With him on the brief were Stewart M. Whipple and Whipple & Johansen, Portland.

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

RICHARDSON, Presiding Judge.

In Looney and Kiser v. Aho, 94 Or.App. 575, 767 P.2d 934, rev. den. 307 Or. 611, 772 P.2d 1341 (1989), we rejected plaintiff's appeal from the judgment in this case and affirmed without opinion. While the appeal was pending, plaintiff moved for, and we allowed, leave to file a motion in the trial court to set aside the judgment. Former ORCP 71 B(2).1 However...

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