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Michael Lohan's domestic violence charge dismissed

Michael Lohan, the father of Lindsay Lohan, leaves the building after she was sentenced to 90 days jail by Judge Marsha Revel during her hearing at the Beverly Hills Courthouse on July 6, 2010.
Michael Lohan, the father of Lindsay Lohan, leaving a courthouse on July 6, 2010, in Beverley Hills, Calif. Mark Ralston/AFP/Getty Images

(CBS/AP) - Michael Lohan can now breathe easier. Prosecutors have dropped a misdemeanor domestic violence charge against him.

District attorney's spokeswoman Sandi Gibbons said Tuesday the office will no longer pursue the case against Lindsay Lohan's father after his ex-girlfriend, Kate Major, failed to show  up at trial and could not be located.

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The elder Lohan, 50, was arrested in March and has pleaded not guilty to misdemeanor domestic violence battery.

A trial was scheduled to begin Tuesday, but Gibbons said it could not proceed without Major's cooperation.

Michael Lohan's attorney, Dana Cole, says he had worked out an agreement with Major so she wouldn't testify.

Cole says Major wasn't paid anything, and she declined to cooperate because she did not want a court spectacle.