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GOTT v. WOODY

No. 962-2.

11 Wn. App. 504 (1974)

524 P.2d 452

SADIE GOTT, as Administratrix, Appellant, v. EDD WOODY et al., Respondents.

The Court of Appeals of Washington, Division Two.

June 28, 1974.

Attorney(s) appearing for the Case

John Wilson, for appellant.

Leo A. Anderson, for respondents.

PEARSON, C.J.

This wrongful death action, commenced on October 8, 1969, was dismissed for want of prosecution upon defendant's motion on December 4, 1972. On appeal, the administratrix contends that CR 41(b) limits the trial court's discretion to dismiss a case for want of prosecution where the case is noted for trial within 1 year of the time an issue of fact or law has been joined. We agree and reverse the dismissal...

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