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LUYET v. EHRNFELT

Nos. C901281CV; CA A73372.

848 P.2d 654 (1993)

118 Or. App. 635

Cathi E. LUYET, Appellant, v. Albert Edward EHRNFELT, Respondent.

Court of Appeals of Oregon.

Decided March 17, 1993.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the briefs for appellant.

Jerry K. Brown, McMinnville, argued the cause for respondent. With him on the brief was Cummins, Brown, Goodman, Fish & Peterson, P.C., McMinnville.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Plaintiff appeals from a judgment after a trial to the court on defendant's affirmative defense that he was not served within the statute of limitations. The court held that the service of summons on defendant was inadequate under ORCP 7 D.1 We reverse.

It is undisputed that, on December 17, 1990, five days before the applicable statute of limitations was to run, plaintiff filed a complaint alleging that defendant...

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