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STATE EX REL. BUCHANAN & CO. v. P.S.C.

No. 31832.

39 Wn.2d 706 (1951)

237 P.2d 1024

STATE EX REL. L.L. BUCHANAN & CO., INC., Plaintiff and Respondent, v. WASHINGTON PUBLIC SERVICE COMMISSION et al., Defendants and Relators.

The Supreme Court of Washington, Department One.

November 29, 1951.

Attorney(s) appearing for the Case

The Attorney General and George R. LaBissoniere, Assistant, for relator Washington Public Service Commission.

Kellogg, Reaugh, Hart & Towne, for relator Washington Bulk Petroleum Carriers Conference.

Dodd & Russell, for respondent.

MALLERY, J.

This matter comes here on a writ of certiorari. The relators contend that the trial court erred in denying their motion to dismiss the respondent's cause of action for want of prosecution under Rule of Practice 3, 34A Wn. (2d) 69, which reads as follows:

"Any civil action shall be dismissed, without prejudice, for want of prosecution whenever the plaintiff or cross-complainant shall neglect to note the action for trial or hearing within one year...

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