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SMITH v. STRATTON

No. S-4153.

835 P.2d 1162 (1992)

Toni M. SMITH and Steven R. Smith, Appellants, v. Barbara B. STRATTON, Appellee.

Supreme Court of Alaska.

June 26, 1992.

Attorney(s) appearing for the Case

John C. Dittman, Kelly, Cossman & Associates, Anchorage, for appellants.

S. Ramona Longacre, Michael J. Hanson, Anchorage, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

RABINOWITZ, Chief Justice.

INTRODUCTION

This appeal of a dismissal raises the issue of whether Alaska's savings statute applies to an action which is refiled within one year after being dismissed for failure to prosecute. The superior court dismissed the Smiths' complaint, finding that it was time-barred by the statute of limitations and that Alaska's savings statute, AS 09.10.240, did not apply. The superior court

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