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COLEMAN v. LEE WASHINGTON HAULING CO.

No. 12438.

388 A.2d 44 (1978)

Johnnie Lee COLEMAN, Appellant, v. LEE WASHINGTON HAULING CO., Appellee.

District of Columbia Court of Appeals.

June 2, 1978.

Attorney(s) appearing for the Case

Patrick J. Attridge, Rockville, Md., was on the motion for appellee.

Dorsey Evans and David R. Taxin, Washington, D. C., were on the opposition to motion to dismiss for appellant.

Before NEBEKER, YEAGLEY and FERREN, Associate Judges, in chambers.

NEBEKER, Associate Judge:

Appellee (Lee) has filed a motion to dismiss the appeal of Coleman from an order of the Superior Court for lack of compliance with D.C.App.R. 4 II(a) (time for filing notice of appeal). We deny the motion and hold the notice of appeal to have been timely filed.

Upon Lee's motion in the trial court, Coleman's complaint was dismissed on May 10, 1977, for failure to comply with a court order of discovery. Super.Ct.Civ.R. 37(b), 41(b...

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