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LINCOLN LOAN CO. v. CITY OF PORTLAND

CC 9403-02151; CA A115965; SC S49667.

59 P.3d 521 (2002)

335 Or. 105

LINCOLN LOAN COMPANY, an Oregon corporation, Appellant, v. The CITY OF PORTLAND, Gretchen Kafoury, David Sweet, and Mitchell McKee, Respondents.

Supreme Court of Oregon.

Decided December 19, 2002.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., Greene & Markley, P.C., Portland, argued the cause and filed the briefs for appellant. With him on the reply brief was Cecily A. Becker.

Harry Auerbach, Senior Deputy City Attorney, Portland, argued the cause and filed the brief for respondents.

Mary H. Williams, Solicitor General, Salem, filed a brief on behalf of amicus curiae State of Oregon. With her on the brief was Hardy Myers, Attorney General.

Thomas M. Christ, Cosgrave Vergeer Kester LLP, Portland, filed briefs on behalf of amici curiae GTECH Corporation and Mark Tipperman.

Steve E. Benson, Portland, filed a brief on behalf of amici curiae Don McIntire and Fred Hall.

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

LEESON, J.

This is a certified appeal from the Court of Appeals. See ORS 19.405 (describing process for certification of appeal to this court). Plaintiff Lincoln Loan Company assigns error to the trial court's denial of its motion under ORCP 71 B to set aside the appellate judgment that the Court of Appeals issued in Lincoln Loan Co. v. City of Portland, 158 Or.App. 574, 976 P.2d 60

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