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STICKNEY v. PORT OF OLYMPIA

No. 31047.

35 Wn.2d 239 (1949)

212 P.2d 821

CHARLES L. STICKNEY, as Trustee, Appellant, v. THE PORT OF OLYMPIA, Respondent.

The Supreme Court of Washington, Department One.

December 13, 1949.

Attorney(s) appearing for the Case

Pebbles & Kuykendall, for appellant.

Brodie & Brodie and John S. Lynch, Jr., for respondent.

GRADY, J.

This is an appeal from an order dismissing an action for lack of diligent prosecution. On May 19, 1947, Midfield Packers, a copartnership, commenced two actions to recover damages against the Port of Olympia. On February 3, 1949, the trustee in bankruptcy for Midfield Packers was substituted as party plaintiff. The defendant served a notice of appearance June 9, 1947, and filed it February 2, 1949. No motion or...

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