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MARTIN v. LEONARD MOTOR-EL PASO

No. 7600.

402 P.2d 954 (1965)

75 N.M. 219

Rene MARTIN, Plaintiff-Appellant, v. LEONARD MOTOR-EL PASO, a corporation, and Leonard Motor Company, Inc., a corporation, Defendants-Appellees.

Supreme Court of New Mexico.

June 1, 1965.

Attorney(s) appearing for the Case

Smith, Kiker & Ransom, David H. Kelsey, Albuquerque, for appellant.

Modrall, Seymour, Sperling, Roehl & Harris, James A. Parker, Albuquerque, for appellees.

NOBLE, Justice.

The plaintiff has appealed from a judgment dismissing his complaint pursuant to Rule 41(e) (§ 21-1-1(41)(e), N.M.S.A. 1953).

The complaint, filed June 7, 1961, was dismissed by the court on August 21, 1963, without prejudice for lack of prosecution, but was reinstated on the docket November 5, 1963, by order of court. The defendant now argues for the first time on appeal that the district court...

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