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COX v. MYLLYMAKI

No. 87-288.

752 P.2d 1093 (1988)

Ilene COX and Eleanor Dunn, Plaintiffs and Appellants, v. Gilbert MYLLYMAKI, Evan H. Gray, and Eugene Myllymaki, Defendants and Respondents.

Supreme Court of Montana.

Decided April 6, 1988.

Attorney(s) appearing for the Case

Kelly A. Jenkins, Helena, George Richardson, Richardson and Richardson, Butte, for plaintiffs and appellants.

John F. Iwen, Great Falls, for defendants and respondents.

McDONOUGH, Justice.

Plaintiffs appeal the decision of the District Court of the Eighth Judicial District, Cascade County, granting defendants motion to dismiss for failure to prosecute pursuant to M.R.Civ.P. 41(b).

The plaintiffs filed their complaint in the underlying cause on July 30, 1984. The first defendants were served on August 15, 1984. The defendants filed an answer October 31, 1984 and filed an amended...

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