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McDERMOTT v. WATERS

No. 41248.

78 Wn.2d 89 (1970)

469 P.2d 896

MARK McDERMOTT et al., Respondents, v. KENNETH G. WATERS et al., Respondents, MAURICE M. EPSTEIN et al., Petitioners, THE SUPERIOR COURT FOR KING COUNTY, Respondent.

The Supreme Court of Washington, Department One.

May 20, 1970.

Attorney(s) appearing for the Case

Williams, Lanza, Kastner & Gibbs, by Don T. Mohlman, for petitioners.

Mark McDermott, pro se.

FINLEY, J.

In their petition to the Supreme Court for a writ of mandamus, Maurice M. Epstein and Murial, his wife, ask that they be dismissed as defendants in King County cause No. 679968, in which action Mark McDermott and Betty, his wife, are the plaintiffs. It is the position of the petitioners that they should be dismissed from the lawsuit under the provisions of CR 41(b)(1) on the ground of lack of diligent prosecution of the case by the McDermotts (plaintiffs...

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