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  5. 875 P.2d 756 (1994)
 

NOVAK v. ORCA OIL CO., INC.

Nos. S-5637, S-5638.

875 P.2d 756 (1994)

Scott NOVAK, individually and d/b/a Novak's Fuel Distributors, Appellant and Cross-Appellee, v. ORCA OIL CO., INC., Appellee and Cross-Appellant.

Supreme Court of Alaska.

June 10, 1994.

Attorney(s) appearing for the Case

David H. Shoup, Condon, Partnow & Sharrock, Anchorage, for appellant and cross-appellee.

Kenneth L. Wallack, Law Offices of Kenneth L. Wallack, Anchorage, for appellee and cross-appellant.

Before: MOORE, C.J., RABINOWITZ, MATTHEWS, COMPTON, JJ., and BRYNER, J., pro tem.

OPINION

BRYNER, Justice, pro tem.

Scott Novak appeals a superior court order dismissing for want of prosecution his counterclaim against Orca Oil, Inc., and awarding Orca attorney's fees. Orca cross-appeals, contending that the court should have dismissed the counterclaim with, rather than without, prejudice and that the court erred in allowing Novak access to certain state investigative files.

I. FACTS

Novak became a retail fuel...

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