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WESTERN RIDGE LAND CO. v. ZIMMERLEE

89-10-0331 CV; CA A76553.

873 P.2d 1099 (1994)

127 Or. App. 705

WESTERN RIDGE LAND COMPANY, Mark A. Pallansch, Thousand Hills Land and Livestock, Inc., and Robert H.S. Jacobson, Respondents, v. Richard L. ZIMMERLEE and Heidi Zimmerlee, Appellants, v. Alfred OSUNA, Wilfredo Gonzalez and Feliciano Sanchez, Defendants-Third-Party Plaintiffs, v. WEST ONE BANK, a National Banking Association, Third-Party Defendant.

Court of Appeals of Oregon.

Decided May 4, 1994.

Attorney(s) appearing for the Case

Claud Ingram, Eugene, filed the briefs for appellants.

J. Marshall Gilmore, Salem, argued the cause and filed the brief for respondents.

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

EDMONDS, Judge.

Defendants1 appeal a judgment arising from an order of default and a supplemental judgment awarding attorney fees to plaintiffs after their answer, affirmative defenses and counterclaims were stricken by the court as sanctions for failing to comply with a discovery order. ORCP 46 B(2)(c). Defendants also assign error to the trial court's granting of plaintiffs' motion to impose sanctions. We reverse.

Plaintiffs...

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