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HOYT v. PAULOS

TC 86-1204C; CA A44851; SC S36175.

796 P.2d 355 (1990)

310 Or. 196

Lisa HOYT, Respondent On Review, v. Michael PAULOS, Petitioner On Review.

Supreme Court of Oregon.

Decided August 2, 1990.

Attorney(s) appearing for the Case

I. Franklin Hunsaker, Portland, argued the cause for petitioner on review. With him on the petition were Anna J. Brown, Christopher A. Rycewicz, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Anthony A. Allen, Salem, argued the cause for the respondent on review. With him on the response to the petition were Kathryn E. Jackson, and Gatti, Gatti, Maier, Smith & Associates, Salem.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

FADELEY, Justice.

The issue in this case involves timeliness, for statute of limitation purposes, of service of summons and complaint on a defendant through service on the Motor Vehicles Division. Do the ORCP provisions concerning mailing of a copy of summons to a defendant's insurer amend or override ORS 12.020, the statutory definition of when an action is deemed commenced for statute of limitations purposes? Does ORCP 7 D(2)(d),1 which...

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