Rudy-Mai Farms v. Peterson

BURNETT, Judge.

In 1978 Rudy-Mai Farms and other appellants shown filed this suit against the respondents Peterson and Rost, together with corporate enterprises operated by them. The complaint sought compensation for damage to stored potatoes allegedly caused when a product known as pyrocrete was sprayed on the walls of the storage facilities. In 1984 the district court dismissed this action with prejudice under I.R. C.P. 41(b), for lack of prosecution. On appeal the sole issue is whether the judge abused his discretion in doing so.

The record reflects the following case history. After the…