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ARBELOVSKY v. EBASCO SERVICES, INC.

No. S-6869.

922 P.2d 225 (1996)

Frank ARBELOVSKY and Chris Garcia, Appellants, v. EBASCO SERVICES, INC., Ebasco Constructors, Inc., Losinger USA, Inc., and Enserch Alaska Construction, Inc., individually and collectively, d/b/a Enserch Constructors, J.V., and City Electric, Inc., Appellees.

Supreme Court of Alaska.

August 9, 1996.

Attorney(s) appearing for the Case

Robert C. Erwin and Roberta C. Erwin, Law Offices of Robert C. Erwin, and Richard B. Collins, Anchorage, for Appellants.

Michael W. Sewright, Burr, Pease & Kurtz, Anchorage, for Appellee Enserch Constructors, J.V.

Cynthia L. Ducey and Andrew Guidi, Delaney, Wiles, Hayes, Gerety & Ellis, Inc., Anchorage, for Appellee City Electric, Inc.

Before COMPTON, C.J., RABINOWITZ and MATTHEWS, JJ., and SHORTELL, J. Pro Tem.

OPINION

SHORTELL, Justice Pro Tem.

In this appeal, we are called upon to determine whether the trial court abused its discretion in ordering Arbelovsky's and Garcia's case dismissed with prejudice. We reverse.

I. FACTS AND PROCEEDINGS

On February 4, 1991, plaintiffs Frank Arbelovsky and Chris Garcia (the plaintiffs) filed a lawsuit against City Electric, Inc. (City Electric) and a...

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