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WOOD v. JAMES W. FOWLER CO.

(973636; CA A106029)

7 P.3d 577 (2000)

168 Or. App. 308

M.R. WOOD and Mary Wood, husband and wife, Respondents, v. JAMES W. FOWLER CO., an Oregon corporation, Appellant.

Court of Appeals of Oregon.

Decided June 7, 2000.

Attorney(s) appearing for the Case

James M. Callahan, Portland, argued the cause for appellant. With him on the briefs was Callahan & Shears, P.C.

Dennis L. Bartoldus, Newport, argued the cause for respondents. With him on the brief was Philip A. Hingson.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

Defendant appeals from the trial court's denial of its motion to set aside a judgment of default. ORS 19.205(2)(c).1 The dispositive issue is whether the trial court erred in determining that defendant had not established that its failure to appear was the product of "excusable neglect" within the meaning of ORCP 71 B(1)(a). We conclude that this case is materially indistinguishable from Reitz v. Coca-Cola, ...

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