TATE, Judge.
The plaintiff appeals from judgment dismissing his action on the ground that no steps had been taken in its prosecution or defense for a period of more than five years.
The record reveals that the case was tried on April 2, 1958, and that the plaintiff did not file his trial brief until July 15, 1963, or more than five years later. The plaintiff contends, however, that the present action was not abandoned because his brief was filed within five...
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