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PALMQUIST v. FLIR SYSTEMS, INC.

0107-07360; A125867.

142 P.3d 94 (2006)

207 Or. App. 365

Steven R. PALMQUIST, Respondent, v. FLIR SYSTEMS, INC., an Oregon corporation, Appellant, and J. Kenneth Stringer III and James A. Fitzhenry, Defendants.

Court of Appeals of Oregon.

Decided August 23, 2006.

Attorney(s) appearing for the Case

John F. Neupert, Portland, argued the cause for appellant. With him on the briefs were William H. Walters, Portland, and Miller Nash LLP.

Thomas W. Brown, Portland, argued the cause for respondent. With him on the brief were Wendy M. Margolis, Portland, and Cosgrave Vergeer Kester LLP.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and BREITHAUPT, Judge pro tempore.

LANDAU, P.J.

This appeal involves a fairly convoluted set of facts, but, at its core, the issue that it presents to us is straightforward: Does ORCP 71 B(1)(e) mean what it says? That rule provides that a party may obtain relief from a judgment when that judgment is based on a prior judgment and the "prior judgment upon which it is based has been reversed or otherwise vacated." In this case, plaintiff filed a complaint against...

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