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DEPARTMENT OF HUMAN SERVICES v. VINING

617 A.2d 555 (1992)

DEPARTMENT OF HUMAN SERVICES v. Thomas VINING.

Supreme Judicial Court of Maine.

Decided December 8, 1992.

Attorney(s) appearing for the Case

James A. McKenna, Dept. of Human Services, Augusta, for plaintiff.

Justin W. Leary, Robert A. Laskoff, P.A., Lewiston, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.

CLIFFORD, Justice.

The Department of Human Services appeals from a judgment of the Superior Court (Androscoggin County, Alexander, J.) affirming a judgment of dismissal entered by the District Court (Lewiston, Beliveau, J.) pursuant to M.R.Civ.P. 41(b)(2). Although the dismissal of the complaint pursuant to Rule 41(b)(2) did not constitute an abuse of discretion or error, we vacate and remand to allow the District Court to exercise the discretion it...

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