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CASTRO v. OGBURN

92C-10319; CA A87239.

914 P.2d 1 (1996)

140 Or. App. 122

Louise Marie CASTRO, Personal Representative for the Estate of Barbara Jean Borghi, Deceased, Appellant, v. Lawrence Livingston OGBURN, Respondent.

Court of Appeals of Oregon.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Michael Duane Brown, Salem, argued the cause for appellant. With him on the briefs were Richard E. Slezak and Churchill, Leonard, Brown, Lincoln, Lodine & Hendrie.

Barbara L. Johnston, Hillsboro, argued the cause for respondent. With her on the brief was Larry A. Brisbee.

Before De MUNIZ, P.J., and HASELTON, J., and BUTTLER, Senior Judge.

BUTTLER, Senior Judge.

The issue in this case is whether the trial court erred in dismissing this action with prejudice on the day of trial because plaintiff had not substituted the personal representative of defendant,1 who had died shortly after this action was commenced, within one year after his death, ORCP 34 B(2), even though the personal representative had voluntarily appeared in the action and had invoked the authority of the court...

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