OPINION
WALTERS, Judge.
On April 8, 1975, plaintiff brought a class action to declare void a 5% penalty assessed against himself and other taxpayers who failed to declare their properties prior to March 1, 1974. Defendants did not answer. Instead, they filed a motion for summary judgment, and a hearing was held on the motion.
Two years later, absent any fault of the parties for delay, the district court entered an order sustaining the motion for...
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