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REGER v. PRESTON

No. 7972.

420 P.2d 779 (1966)

77 N.M. 196

Sara Engh REGER (formerly Sara Engh) a minor, by Steven Reger, her husband and next friend, Plaintiff-Appellant, v. Charlie marlow PRESTON and Charles Marlowe Preston, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied December 12, 1966.

Attorney(s) appearing for the Case

Bigbee & Byrd, G. Stanley Crout, Santa Fe, for appellant.

Catron & Catron, Thomas A. Donnelly, Santa Fe, for appellees.

OPINION

MOISE, Justice.

This is an appeal from an order dismissing plaintiff's amended complaint pursuant to Rule 41(e), New Mexico Rules of Civil Procedure (§ 21-1-1(41) (e), N.M.S.A. 1953).

In the order of dismissal the court made the following findings:

"1. Plaintiff's complaint against Charles Marlowe Preston was filed on May 31, 1961, and summons was issued on said date. 2. Defendants' answer was filed June 28, 1961....

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