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CITIZENS SAV. AND LOAN ASS'N v. McDONALD

86-CV-0069-33; A119140.

80 P.3d 532 (2003)

191 Or. App. 45

CITIZENS SAVINGS AND LOAN ASSOCIATION, a Federal Savings and Loan Association; and Federal Deposit Insurance Corporation, as Receiver for Citizens Savings and Loan Association, Successor-in-Interest, Plaintiffs, and The Cadle Company, an Ohio corporation, (Assignee), Respondent, v. Thomas A. McDONALD and Marian F. McDonald, Appellants.

Court of Appeals of Oregon.

Decided November 26, 2003.

Attorney(s) appearing for the Case

Scott A. Shorr, Portland, argued the cause and filed the briefs for appellants.

Katharine A. Miller, Bend, argued the cause for respondent. On the brief was Paul B. Heatherman.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Defendants Thomas A. McDonald and Marion F. McDonald moved to set aside a judgment, arguing that it was not renewed in a timely manner and that it therefore was void. The trial court denied the motion. Defendants appeal, again asserting that the renewal judgment is void for lack of timely renewal. We agree and vacate the judgment.

The relevant facts are not in dispute. In May 1985, defendants entered into an agreement with Citizens Savings and...

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