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MILGRIM v. DELUCA

(12029)

195 Conn. 191 (1985)

SIDNEY MILGRIM ET AL. v. ANTHONY DELUCA

Supreme Court of Connecticut.

Decision released February 12, 1985.

Attorney(s) appearing for the Case

Frank J. Silvestri, Jr., for the appellant-appellee (defendant).

Edwin L. Doernberger, for the appellees-appellants (plaintiffs).

HEALEY, PARSKEY, SHEA, GLASS and BRENNAN, JS.

SHEA, J.

The defendant has appealed from a judgment awarding damages for breach of a written contract for removal of gravel and other material from land owned by the plaintiffs. The principal issue raised is whether an earlier dismissal, pursuant to Practice Book, 1963, § 191 A1 of a suit upon the same cause of action because of failure to prosecute with reasonable diligence bars the present...

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