Sinclair v. Big Bud Manufacturing Co.

This case involves the application of Rule 41(e), M.R.Civ.P., which provides that an action shall not be farther prosecuted unless summons is issued within one year of its commencement. We reverse the District Court’s refusal to grant a motion to dismiss filed by Big Bud Industries, Inc., Meissner Brothers Partnership, Meissner Tractors, Inc., Joe Meissner, Paul Meissner, Big Bud Tractors, Inc., and Ron Harmon (collectively referred to as the non-BBMC defendants), holding that they were entitled to dismissal under Rule 41(e), M.R.Civ.P.

Daniel Sinclair (Sinclair) formed the first of many…