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LORENTZ BRUUN CO. v. EXECULODGE CORP.

No. A8810-05495; CA A62507.

802 P.2d 79 (1990)

104 Or.App. 488

LORENTZ BRUUN COMPANY, Inc., an Oregon Corporation, Appellant, v. EXECULODGE CORPORATION, an Oregon Corporation, Patrick G. Lockhart, and Rosemary H. Lockhart, Respondents, and O'Callahan's Restaurant, Inc., an Oregon Corporation, Pacific First Federal Savings Bank, a Federally Chartered Savings Bank, Airflow Engineering, Inc., an Oregon Corporation, and Arctic Sheet Metal, Inc., an Oregon Corporation, Defendants.

Court of Appeals of Oregon.

Decided November 28, 1990.

Reconsideration Denied January 16, 1991.

Attorney(s) appearing for the Case

David J. Sweeney, Portland, argued the cause and filed the briefs for appellant. With him on the briefs were Paul G. Dodds and Brownstein, Rask, Sweeney, Kerr, Grim & DeSylvia, Portland.

Marvin S. Nepom, Portland, argued the cause and filed the brief for respondents.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Plaintiff appeals from an order setting aside a confession of judgment. ORCP 71 B.1 It argues that the trial court did not apply the correct legal standard and also contends that there is insufficient evidence of mistake or excusable neglect to support the trial court's holding. We reverse and remand.

As part of an agreement to settle pending litigation, plaintiff was authorized to file a confession of judgment...

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