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UNEMPLOYMENT COMPENSATION DIV. v. BJORNSRUD

Civ. No. 9359.

261 N.W.2d 396 (1977)

UNEMPLOYMENT COMPENSATION DIVISION OF the EMPLOYMENT SECURITY BUREAU, an Agency of the State of North Dakota, Plaintiff and Appellee, v. Richard BJORNSRUD, doing business as Bjornsrud Trucking, Defendant and Appellant.

Supreme Court of North Dakota.

December 19, 1977.

Attorney(s) appearing for the Case

Lawrence E. Watson and Michael J. Wilma, Sp. Asst. Attys. Gen., Bismarck, for plaintiff and appellee.

John T. Paulson, Valley City, for defendant and appellant.

VOGEL, Justice.

The sole question involved in this appeal is whether the district court abused its discretion in denying a motion to dismiss pursuant to the first sentence of Rule 41(b), N.D.R.Civ.P., which provides:

"For failure of the plaintiff to prosecute. . . a defendant may move for dismissal of an action or of any claim against him."

We affirm, but do not condone the delay.

The action was commenced by the Unemployment Compensation...

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