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PANOS v. SMITH'S FOOD & DRUG CENTERS

No. 950286-CA.

913 P.2d 363 (1996)

John PANOS, Plaintiff and Appellant, v. SMITH'S FOOD & DRUG CENTERS, INC., Defendant and Appellee.

Court of Appeals of Utah.

March 7, 1996.

Attorney(s) appearing for the Case

Gordon K. Jensen, Lehman, Jensen & Donahue, L.C., Salt Lake City, for Plaintiff and Appellant.

Stephen G. Morgan and Mitchell T. Rice, Morgan & Hansen, Salt Lake City, for Defendant and Appellee.

Before BENCH, BILLINGS, and WILKINS, JJ.

OPINION

BILLINGS, Judge:

Plaintiff, John Panos, appeals from the trial court's dismissal of his complaint based on the court's conclusion that a prior dismissal of this case was a dismissal with prejudice pursuant to Rule 41(b) of the Utah Rules of Civil Procedure. We reverse.

FACTS

On or about February 21, 1991, Panos filed a complaint against Smith's Food & Drug Centers, Inc. for injuries...

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