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PORTLAND GENERAL ELEC. CO. v. EBASCO SVCS.

CV05120776, A143752.

326 P.3d 1274 (2014)

263 Or. App. 53

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

Court of Appeals of Oregon.

Decided May 21, 2014.

Attorney(s) appearing for the Case

Daniel F. McNeil , Stephen F. Deatherage , and Bullivant Houser Bailey PC filed the opening and reply briefs for appellant. On the supplemental brief were Stephen F. Deatherage and Bullivant Houser Bailey PC.

Brian R. Talcott and Dunn Carney Allen Higgins & Tongue LLP filed the answering brief for respondent. With them on the supplemental brief was Thomas H. Tongue .

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

HADLOCK, J.

The Supreme Court remanded this case to us to determine whether the default judgment entered by the trial court is void because plaintiff had filed an amended complaint seeking additional relief — attorney fees — without serving defendant Lexington Insurance Company with the amended complaint or, alternatively, whether the trial court erred in denying defendant's motion to set aside the default judgment on the ground of excusable neglect...

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