THORNE v. PICKERING


519 A.2d 718 (1987)

Fred J. THORNE et al. v. Stephen J. PICKERING et al.

Supreme Judicial Court of Maine.

Decided January 6, 1987.


Attorney(s) appearing for the Case

Earle S. Tyler, Jr., (orally), Milbridge, for plaintiff.

T. Christopher Beach (orally), James Eastman Smith, Asst. Attys. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and CLIFFORD, JJ.


CLIFFORD, Justice.

The plaintiffs appeal from a Superior Court, Washington County, judgment of dismissal entered on a motion to dismiss brought by two of the three defendants pursuant to M.R.Civ.P. 41(b) for failure to prosecute for two years. The plaintiffs contend that the Superior Court erred in granting the motion, in that the plaintiffs in fact prosecuted their claims within the two-year period. We agree and vacate the judgment.

On April 26, 1983, the...

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