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ED H. ANDERSON CO. v. A.P.I., INC.

No. C3-87-114.

411 N.W.2d 254 (1987)

ED H. ANDERSON COMPANY, Appellant, v. A.P.I., Inc., Respondent.

Court of Appeals of Minnesota.

September 1, 1987.

Attorney(s) appearing for the Case

Einar E. Hanson, Minneapolis, for appellant.

William M. Beadie, St. Paul, for respondent.

Heard, considered and decided by LESLIE, P.J., and LANSING and SEDGWICK, JJ.

OPINION

SEDGWICK, Judge.

Ed H. Anderson Co. ("Anderson") sued A.P.I., Inc., for unpaid amounts under a contract on August 15, 1978. The parties exchanged discovery documents in 1979, but no further action occurred on the case until June 30, 1986. A.P.I. filed a motion to dismiss the claim for failure to prosecute under Minn.R.Civ.P. 41.02(1). The trial court granted the motion and denied Anderson's subsequent motion to reconsider. We reverse.

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