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YACKOBITZ v. STATE TAX ASSESSOR

481 A.2d 784 (1984)

Frank YACKOBITZ v. STATE TAX ASSESSOR.

Supreme Judicial Court of Maine.

Decided September 17, 1984.

Attorney(s) appearing for the Case

Twitchell, Linscott & Badger, Michael L. Rair (orally), Willard H. Linscott, Bangor, for plaintiff.

James E. Tierney, Atty. Gen., Crombie J.D. Garrett (orally), Jerome S. Matus, Asst. Attys. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and NICHOLS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

MEMORANDUM OF DECISION

The petitioner, Frank Yackobitz, appeals from a judgment of the Superior Court, Penobscot County, dismissing his petitions for review of action by the State Tax Assessor for want of prosecution under M.R.Civ.P. 41(b)(1). The petitioner argues that the dismissal was improper because the delay of more than two years was attributable to clerical misplacement of the case file.

We deny the appeal. Reviewing the dismissal under Rule 41(b)...

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