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LOVATO v. HICKS

No. 7775.

409 P.2d 130 (1965)

75 N.M. 611

Donato LOVATO, Plaintiff-Appellant, v. Leslie HICKS, Defendant-Appellee.

Supreme Court of New Mexico.

December 20, 1965.

Attorney(s) appearing for the Case

Melvin L. Robins, Albuquerque, for appellant.

McAtee, Toulouse, Marchiondo, Ruud & Gallagher, James E. Casados, Albuquerque, for appellee.

COMPTON, Justice.

The plaintiff appeals from an order of the district court dismissing his complaint with prejudice under § 21-1-1(41) (e), N.M.S.A. 1953. The pertinent provisions of the rule read:

"(1) In any civil action or proceeding pending in any district court in this state, when it shall be made to appear to the court that the plaintiff therein or any defendant filing a cross-complaint therein has failed to take any action to bring such action...

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