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MELY v. MORRIS

No. 600.

409 P.2d 979 (1966)

Thomas N. MELY, Appellant, v. J.C. MORRIS and Von R. Baxter, Appellees.

Supreme Court of Alaska.

January 25, 1966.

Attorney(s) appearing for the Case

James K. Tallman, Anchorage, for appellant.

Daniel A. Moore, Jr., Delaney, Wiles, Moore & Hayes, Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and RABINOWITZ, JJ.

RABINOWITZ, Justice.

This is an appeal from the lower court's dismissal with prejudice of appellant's third party complaint against appellees J.C. Morris and Von R. Baxter. We have concluded that the dismissal should not have been entered with prejudice.

The Northern Commercial Company originally instituted this action against appellant in August of 1963. In its complaint the Northern Commercial Company alleged that it had leased a D-8 Caterpillar tractor...

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