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MORRIS v. FITZGERALD

No. 7210.

385 P.2d 574 (1963)

73 N.M. 56

Roberta MORRIS by Robert E. Morris, her next friend, and Robert E. Morris, Plaintiffs-Appellants and Cross-Appellees, v. W.M. FITZGERALD, Alton Fitzgerald and Robert E. Parker, Defendants-Appellees and Cross-Appellants, Walter M. Parker, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied October 24, 1963.

Attorney(s) appearing for the Case

Hart & Brockman, Tucumcari, for appellants and cross-appellees.

Rowley, Davis, Hammond & Murphy, Clovis, for appellees and cross-appellants.

MOISE, Justice.

From a judgment dismissing plaintiffs' action they prosecute this appeal.

Suit was filed July 31, 1959, against W.M. Fitzgerald, Alton Fitzgerald and Robert E. Parker. They answered on August 24, 1959. Thereafter, for a short time, there was fairly continuous activity in the case looking to discovery. Aside from such activities, the record discloses that on September 4, 1959, a motion to dismiss the complaint on the ground that it failed to...

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