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BERKS v. FINE

No. C9-87-375.

409 N.W.2d 76 (1987)

David N. BERKS, et al., Appellants, v. Gerald M. FINE, Respondent.

Court of Appeals of Minnesota.

July 21, 1987.

Attorney(s) appearing for the Case

David N. Berks, pro se.

R. Stephen Tillitt, Minneapolis, for respondent.

Considered and decided by NIERENGARTEN, P.J., and FOLEY and RANDALL, JJ., with oral argument waived.

OPINION

NIERENGARTEN, Judge.

David Berks appeals the dismissal of his action with prejudice, and the denial of his motion to vacate the dismissal. We reverse.

FACTS

David Berks sued Gerald Fine for alleged legal malpractice occurring in 1976. The pleadings were filed in September of 1982. Interrogatories were later served by Fine. In March 1985, Berks' attorney withdrew and Berks continued pro se.

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