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BROWN v. STATE

No. 2009.

526 P.2d 1365 (1974)

Dennis H. BROWN, Appellant, v. STATE of Alaska, and James Widmeyer, Appellees.

Supreme Court of Alaska.

October 7, 1974.

Attorney(s) appearing for the Case

Dennis H. Brown, in pro. per.

F.M. Doogan, of Faulkner, Banfield, Doogan, Gross & Holmes, Juneau, for appellee.

Robert H. Wagstaff, Anchorage, for amicus curiae.

Before: RABINOWITZ, C.J., and CONNOR, ERWIN, and FITZGERALD, JJ.

OPINION

FITZGERALD, Justice.

This case is before the court on appeal from a final order dismissing a complaint under Alaska R.Civ.P. 41(e).1 We find under the unusual circumstances of this case that such dismissal was an abuse of discretion. We reverse.

The appellant, Dennis Brown, filed an action December 11, 1968, against the State of Alaska, Carl D. Bartels, Larry Johnson, James Widmeyer and Steven Edward Herd.

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