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ZELLER v. POOR

No. 3290.

577 P.2d 695 (1978)

James ZELLER, Peter M. Church, Sadie Walker, Francine Johnson, Bessie Weokoluk, Lee J. George, Appellants, v. Val POOR and Alice Poor, Appellees.

Supreme Court of Alaska.

April 28, 1978.

Attorney(s) appearing for the Case

Margaret W. Berck, Donald E. Clocksin, Alaska Legal Services Corp., Juneau, for appellants.

Lawrence T. Feeney, Faulkner, Banfield, Doogan & Holmes, Juneau, for appellees.

Before RABINOWITZ, CONNOR, BURKE and MATTHEWS, JJ.

OPINION

MATTHEWS, Justice.

James Zeller and five other former tenants of Val and Alice Poor appeal a Civil Rule 41(e) dismissal with prejudice of their lawsuit. The tenants contend the criteria for dismissal were not present, or, alternatively, dismissal with prejudice was too harsh a sanction and an abuse of discretion.

On September 13, 1972, the tenants filed suit against their landlords for a refund of all rent paid after the Greater Juneau Borough...

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