Atlas Enterprises, Inc. v. Consolidated Construction Co.

OPINION

CONNOR, Justice.

This case concerns dismissal for want of prosecution under Civil Rule 41. It brings up for review a question not precisely covered in our opinion in Champion Oil Company, Inc. v. Herbert, 552 P.2d 670 (Alaska 1976). We are required, therefore, to interpret the provisions of Civil Rule 41(b) and (e), keeping in mind the interplay between those subsections as they relate to dismissals for want of prosecution.

I

In October 1973, Atlas filed a complaint for breach of contract against Consolidated, as Case No. 73-872. The breach allegedly occurred March 28, 1968. An answer and…