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PORTLAND GENERAL ELEC. v. EBASCO SERVICES

(CC CV05120776; CA A143752; SC S060584).

306 P.3d 628 (2013)

353 Or. 849

PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation, Plaintiff-Respondent, Petitioner on Review, v. EBASCO SERVICES, INC., fka Esicorp, Inc.; et al., Defendants, and Lexington Insurance Company, Defendant-Appellant, Respondent on Review. EECI, Inc., a Nevada corporation, Third-Party Plaintiff, v. General Electric Company, a New York Corporation; et al., Third-Party Defendants.

Supreme Court of Oregon, En Banc.

Decided July 25, 2013.

Attorney(s) appearing for the Case

Brian R. Talcott, Dunn Carney Allen Higgins and Tongue, LLP, Portland, argued the cause for petitioner on review. With him on the brief were Thomas H. Tongue and Bridget D. Lynn.

David M. Axelrad, Horitz & Levy LLP, Encino, California, argued the cause for respondent on review. On the brief were Stephen F. Deatherage and Daniel F. McNeil, Bullivant Houser Bailey, PC, Portland.

BREWER, J.

Plaintiff Portland General Electric Company (PGE) seeks review of a Court of Appeals decision that reversed and remanded a trial court order denying defendant Lexington Insurance Company's motion under ORCP 71 to set aside a default judgment entered against it in PGE's favor, on the ground that the trial court lacked jurisdiction to enter the default judgment. On review, the issues are (1) whether a default judgment awarding monetary relief violates ORCP...

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