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DUVALL v. McLEOD

(C940918CV, CA A96226)

984 P.2d 287 (1999)

160 Or. App. 685

Deborah DUVALL, Appellant, v. Michelle Lynn McLEOD, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted March 3, 1999.

Decided May 26, 1999.

Attorney(s) appearing for the Case

Lee Aronson, Portland, argued the cause for appellant. On the briefs were Thomas A. Bittner and Schulte, Anderson, Downes, Carter & Aronson, P.C.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were Jeffrey S. Eden and Bullivant, Houser, Bailey, Pendergrass & Hoffman.

Before DEITS, Chief Judge, and EDMONDS, De MUNIZ, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER and BREWER, Judges.

Resubmitted En Banc March 3, 1999.

HASELTON, J.

Plaintiff appeals from a judgment following a jury trial, assigning error to a pretrial order setting aside a default judgment. ORCP 69 C. Plaintiff asserts, in particular, that the trial court erred in granting defendant's motion to set aside the default judgment because that motion was not "accompanied by" a responsive pleading as required by ORCP 71 B(1). We affirm...

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