Stirling v. Dari-Delite, Inc.

McALLISTER, j.,

dissenting.

Since this court has already affirmed a default judgment against defendant for the entire $84,700 prayed for by plaintiffs in their complaint, this is not an appropriate case in which to award plaintiffs further damages pursuant to ORS 19.160. I dissent.

ON MOTION TO RECALL MANDATE

Kobin & Meyer and Leo Levenson and Charles L. Kobin, Portland, attorneys for United Pacific Insurance Company, for the motion. Gildea, Speer, & McGavic, P. C., and Howard E. Speer, Eugene, contra. TONGUE, J.

Following the supplemental decision in this case that under the terms of OES 19.160…