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FOUNDATION RESERVE INS. CO. v. JOHNSTON TESTERS, INC.

No. 8079.

421 P.2d 123 (1966)

77 N.M. 207

FOUNDATION RESERVE INSURANCE COMPANY, Inc. and LaVon LoPour, Plaintiffs-Appellants, v. JOHNSTON TESTERS, INC. and Jack Harlon Robinson, Defendants-Appellees.

Supreme Court of New Mexico.

December 12, 1966.

Attorney(s) appearing for the Case

Leslie D. Ringer, Santa Fe, for appellants.

Robert L. Christensen, Albuquerque, for appellees.

OPINION

MOISE, Justice.

We must here determine if the court acted correctly in dismissing this cause under Rule 41(e) (§ 21-1-1(41) (e), N.M.S.A. 1953). The record in the case discloses that it was filed September 13, 1961. Upon disqualification of the resident judge, Judge Federici of the Eighth Judicial District was designated to preside. The case was at issue January 12, 1962. On July 26, 1963, some twenty-two and one-half months after the action...

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