POPE, Judge.
Plaintiff American Express Company brought suit against defendant Ronald R. Baker to collect a sum allegedly owed on an account. Defendant answered and filed a counterclaim for abusive litigation. When plaintiff failed to respond to defendant's discovery requests, defendant filed a motion to compel. The motion was set for oral argument at 9:00 a. m. on June 24, 1988. Prior to the hearing, plaintiff announced in open court its voluntary dismissal of the...
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