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DUVALL v. McLEOD

(CC C940918CV; CA A96226; SC S46779)

21 P.3d 88 (2001)

331 Or. 675

Deborah DUVALL, Petitioner on Review, v. Michelle Lynn McLEOD, Respondent on Review.

Supreme Court of Oregon.

Decided March 22, 2001.

Attorney(s) appearing for the Case

Lee Aronson, of Schulte, Anderson, Downes, Aronson & Bittner, P.C., Portland, argued the cause for petitioner on review. On the brief was Thomas A. Bittner.

Lisa E. Lear, of Bullivant Houser Bailey, Portland, argued the cause for respondent on review. With her on the briefs was Jeffrey S. Eden.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, KULONGOSKI, LEESON, and RIGGS, Justices.

KULONGOSKI, J.

This negligence action arose out of a traffic accident. Plaintiff obtained a default judgment against defendant in July 1995, awarding her nearly $70,000 in damages. Defendant then filed a motion under Oregon Rules of Civil Procedure (ORCP)71 B(1)1 for relief from that default judgment. The issue on review is whether ORCP 71 B(1), which requires that a motion for relief from default judgment be "accompanied by" a pleading...

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