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PAMPLIN v. VICTORIA

CC 16-91-06925; CA A75958; SC S40867.

877 P.2d 1196 (1994)

319 Or. 429

Ira PAMPLIN and Loretta Pamplin, Petitioners on Review, v. Shermona Lynn VICTORIA, Respondent on Review.

Supreme Court of Oregon, In Banc.

Reassigned July 14, 1994.

Decided August 4, 1994.

Attorney(s) appearing for the Case

Kevin Keaney, of Pozzi, Wilson & Atchison, Portland, argued the cause and filed the petition for petitioners on review.

Michael H. Long, of Brown, Roseta, Long & McConville, Eugene, argued the cause for respondent on review.

Helen T. Dziuba, Lake Oswego, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

GRABER, Justice.

This case involves the application of ORCP 46 B(2)(c), which provides in part:

"If a party * * * fails to obey an order to provide or permit discovery, * * * the court in which the action is pending may make such orders in regard to the failure as are just, including among others, the following: "* * * * * "(c) An order * * * dismissing the action or any part thereof, or rendering a judgment by default against the disobedient...

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