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VAN TIENEN v. REGISTER PUBLISHING CO.

(13341)

208 Conn. 472 (1988)

DALE VAN TIENEN v. THE REGISTER PUBLISHING COMPANY

Supreme Court of Connecticut.

Decision released August 2, 1988.

Attorney(s) appearing for the Case

William F. Gallagher, with whom, on the brief, was Evelyn A. Barnum, for the appellant (plaintiff).

Ben A. Solnit, with whom was Margaret P. Mason, for the appellee (defendant).

SHEA, CALLAHAN, GLASS, COVELLO and HULL, JS.

COVELLO, J.

This is an appeal from a judgment of dismissal rendered for failure to prosecute an action with reasonable diligence pursuant to Practice Book § 251. We conclude that such a judgment was not authorized under the procedural circumstances of this case. Accordingly, we remand the case to the trial court with instructions to vacate the judgment and render a judgment of nonsuit.

On March 20, 1980, the plaintiff instituted this action claiming a...

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