CHAVEZ, Justice.
This is an appeal from a dismissal of plaintiffs' cause of action, with prejudice, by the trial court. The dismissal was granted on motion by defendants in accordance with Rule 41(e) (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp.).
Plaintiffs filed their complaint on October 10, 1961. Defendants' answer and cross-claim was filed on November 13, 1961. After the complaint was filed, and prior to plaintiffs' motion to set the case for trial was...
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