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CHRISTIAN v. BRUNO

No. 4222.

247 A.2d 54 (1968)

Isabelle M. CHRISTIAN and Salvador J. Christian, Appellants, v. Joseph E. BRUNO, Joseph E. Bruno, Inc., a corporation, Home Indemnity Co., a corporation, Gaspare Costa, Rosa Costa, Appellees.

District of Columbia Court of Appeals.

Decided October 24, 1968.

Attorney(s) appearing for the Case

J. Joseph Barse, Washington, D. C., for appellants, Maxwell A. Ostrow and Maurice Friedman, Washington, D. C., were on the brief for appellants.

Leonard C. Collins, Washington, D. C., for appellees Joseph E. Bruno, Joseph E. Bruno, Inc. and Home Indemnity Co.

Herman Miller, Washington, D. C., for appellees Gaspare Costa and Rosa Costa.

Before MYERS, KELLY and FICKLING, Associate Judges.

KELLY, Associate Judge.

This appeal questions the dismissal of appellants' cause of action for lack of diligent prosecution under G.S. Civil Rule 41 (b).1 We hold that it was error to grant the motion to dismiss.

Appellants' complaint for damages and for recovery of secret profits arising out of alleged fraud and misrepresentation in the sale of certain real property located in the District of Columbia was filed September 11, 1964...

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