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RAINS v. STAYTON BUILDERS MART, INC.

06C21040; A152100.

310 P.3d 1195 (2013)

258 Or. App. 652

Kevin RAINS and Mitzi Rains, Plaintiffs-Respondents, v. STAYTON BUILDERS MART, INC.; John Doe Lumber Supplier; John Doe Lumber Mill; and Five Star Construction, Inc., Defendants. Stayton Builders Mart, Inc., Third-Party Plaintiff-Respondent, v. RSG Forest Products, Inc., et al., Third-Party Defendants, and Weyerhaeuser Company, Third-Party Defendant-Appellant. Weyerhaeuser Company, Fourth-Party Plaintiff, v. Rodriguez & Rains Construction, an Oregon corporation, Fourth-Party Defendant. Withers Lumber Company, Fourth-Party Plaintiff, v. Sellwood Lumber Co., Inc., an Oregon corporation; and Weyerhaeuser Company, Fourth-Party Defendants. Western International Forest Products, Inc., Fourth-Party Plaintiff, v. Benito Rodriguez, Kevin Rains, and Rodriguez & Rains Construction, Fourth-Party Defendants. Sellwood Lumber Co., Inc., an Oregon corporation, Fifth-Party Plaintiff, v. Swanson Bros. Lumber Co., Inc., an Oregon corporation, Fifth-Party Defendant.

Court of Appeals of Oregon.

Decided September 25, 2013.

Attorney(s) appearing for the Case

Michael T. Stone argued the cause for appellant. With him on the opening brief was Grant D. Stockton. On the reply brief was Michael T. Stone.

Maureen Leonard and Thomas W. Brown argued the cause for respondents. With them on the joint brief were Brian Whitehead and J. Randolph Pickett.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

HADLOCK, J.

In the trial court, third-party defendant Weyerhaeuser Company moved, under ORCP 71 B(1)(c) and ORCP 71 C, to set aside several judgments against it, asserting that the judgments had been obtained through fraud on the court. The trial court denied the motions, ruling that the motion under ORCP 71 B(1)(c) was untimely and that the court lacked jurisdiction to hear the motion under ORCP 71 C because of a pending appeal. Weyerhaeuser appeals, challenging...

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