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DENKERS v. DURHAM LEASING CO.

TC 240-341; CA A30762; SC S31493.

704 P.2d 114 (1985)

299 Or. 544

Charles P. DENKERS, Petitioner On Review, v. DURHAM LEASING CO., Inc., an Oregon Corporation, Defendant, and Chris Hunt, Respondent On Review.

Supreme Court of Oregon.

Decided August 8, 1985.

Attorney(s) appearing for the Case

Keith S. Davidson, Portland, argued the cause and filed the brief for petitioner on review.

John Wight, Portland, argued the cause and filed the brief for respondent on review.

Before PETERSON, C.J., and LENT, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

ROBERTS, Justice.

This case involves the application of the language in ORCP 69 B.(2) which requires that "[i]f the party against whom judgment [by default] is sought has appeared in the action * * * the party against whom judgment is sought * * * shall be served with written notice of the application for judgment at least 10 days, unless shortened by the court, prior to the hearing on such application."

An action for breach of contract and deceit was filed...

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