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McKINLEY v. TOWN OF FREDONIA

No. 1 CA-CIV 5950.

140 Ariz. 189 (1984)

680 P.2d 1250

B. Michael McKINLEY, Plaintiff-Appellant, v. TOWN OF FREDONIA, a municipal corporation, Robert Harris, Darol Heaton, Anthony A. Judd, Dixie Lee Judd and Don Mackelprang, individually and as Mayor and Councilmen of the Town of Fredonia, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

February 23, 1984.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Richard McC. Shannon, Larry L. Smith, and Brian C. Bond, Phoenix, for plaintiff-appellant.

Jennings, Strouss & Salmon by Neil Vincent Wake, Michael W. Mullane, and Roxana C. Bacon, Phoenix, for defendants-appellees.

OPINION

CORCORAN, Judge.

The issue presented by this appeal is whether the trial court abused its discretion by refusing to set aside an order dismissing a complaint without prejudice for lack of prosecution. The procedural and factual history of this matter are as follows:

On November 1, 1978, B. Michael McKinley, appellant, filed a complaint against the Town of Fredonia and various of its officials (the town), seeking recovery for the improper withholding...

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