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BURDEN v. COPCO REFRIGERATION, INC.

(CC 0006-06290; CA A116663; SC S51729).

121 P.3d 1133 (2005)

339 Or. 388

Rosemayne BURDEN, Petitioner on Review, v. COPCO REFRIGERATION, INC., Defendant, and Antoine Sabb, Respondent on Review.

Supreme Court of Oregon.

Decided September 29, 2005.

Attorney(s) appearing for the Case

Maureen Leonard, Portland, argued the cause and filed the brief for petitioner on review. With her on the brief was Jane Paulson, Portland.

Thomas M. Christ, Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Thomas W. Brown, Portland.

Kathryn H. Clarke, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

KISTLER, J.

The primary question in this case is whether the trial court could rely on the facts recited in a certificate of service in ruling on the sufficiency of service of process. The Court of Appeals held that it could not because ORCP 21 A (2001)1 requires a plaintiff to prove service by either affidavit or other competent evidence. Burden v. Copco, Refrigeration, Inc., ...

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