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2606 BUILDING v. MICA OR I INC.

(97F-915006; CA A100481)

994 P.2d 1226 (2000)

165 Or. App. 240

2606 BUILDING, a partnership comprised of Donald C. Burdick, Linda A. Burdick, Edgar E. Clark, M.D., and Gilbert W. Eklund, Respondents, v. MICA OR I INC., Outpatient Radiology Center, a California limited partnership, and U.S. Diagnostics, Inc., Appellants.

Court of Appeals of Oregon.

Decided January 26, 2000.

Attorney(s) appearing for the Case

Timothy R. Volpert argued the cause for appellants. With him on the briefs were John F. McGrory and Davis Wright Tremaine LLP, Portland.

Charles M. Markley, Portland, argued the cause for respondents. With him on the brief was Greene & Markley, P.C.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

WOLLHEIM, J.

In this forfeiture of a commercial lease action, defendants appeal the trial court's judgment in favor of plaintiffs. They assign error to the trial court's order denying defendants' motion under ORCP 23 A to file an amended answer containing the affirmative defense of excusable negligence and mistake, the trial court's failure to consider that defense on the merits, and the trial court's consequential entry of judgment in favor of plaintiffs. Because...

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