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FARMERS PLANT FOOD, INC. v. FISHER

No. 84-5005.

746 F.2d 451 (1984)

FARMERS PLANT FOOD, INC., Appellant, v. William J. FISHER and Chari A. Fisher, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 18, 1984.

Attorney(s) appearing for the Case

Charles L. Dorothy, Sioux Falls, S.D., for appellant.

Gregory D. Larson, Park Rapids, Minn., for appellees.

Before ARNOLD, FAGG and BOWMAN, Circuit Judges.

ARNOLD, Circuit Judge.

Farmers Plant Food, Inc., filed this complaint on June 13, 1983, against William J. Fisher and Chari Fisher. On December 7, 1983, the District Court on its own motion dismissed the complaint for lack of prosecution, but retained jurisdiction for ten days to afford counsel for plaintiff a chance to move to set aside the order of dismissal. Plaintiff did so move within the ten-day period, but on January 3, 1984, the District Court denied the motion...

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