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PHILLIPS v. FULLER

524 A.2d 1221 (1987)

Paul J. PHILLIPS, et al. v. David B. FULLER.

Supreme Judicial Court of Maine.

Decided April 29, 1987.

Attorney(s) appearing for the Case

Kenneth W. Hovermale, Jr. (orally), Bornstein & Hovermale, Portland, for plaintiffs.

Richard N. Solman (orally), Solman, Page & Hunter, P.A., Caribou, for defendant.

Before NICHOLS, ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.

WATHEN, Justice.

The plaintiffs, Paul and Catherine Phillips, appeal from an order of the Superior Court (Aroostook County) dismissing their case with prejudice. We conclude that the dismissal was entered erroneously and therefore we vacate the judgment.

In 1981, the plaintiffs filed a complaint against David and Wendell Fuller for injuries resulting from a motor vehicle accident. The case was specially assigned for jury trial on July 22, 1985, at which time...

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