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RILEY v. NORTHERN COM'L CO., MACHINERY DIV.

No. 5754.

648 P.2d 961 (1982)

John T. RILEY, d/b/a Shamrock Excavating, Appellant, v. NORTHERN COMMERCIAL COMPANY, MACHINERY DIVISION, Appellee.

Supreme Court of Alaska.

July 30, 1982.

Attorney(s) appearing for the Case

James H. McCollum and W. Richard Fossey, Bankston & McCollum, Anchorage, for appellant.

Phillip Eide, Ely, Guess & Rudd, Anchorage, for appellee.

Before BURKE, C.J., RABINOWITZ, CONNOR, MATTHEWS and COMPTON, JJ.

OPINION

COMPTON, Justice.

Northern Commercial Company (NC) filed suit on November 3, 1978 against John T. Riley d/b/a Shamrock Excavating (Riley) to collect amounts due on a promissory note. Riley denied owing the full indebtedness, and in addition, filed a counterclaim to recover amounts owed on an unrelated transaction. Following Riley's failure to file a timely response to certain requests for admissions, the superior court granted NC's motion for summary...

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