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BRIESMEISTER v. MEDINA

No. 7829.

417 P.2d 208 (1966)

76 N.M. 606

Arthur C. BRIESMEISTER, Administrator of the Estate of John Edward Moore, Deceased, plaintiff-Appellant, v. Naomi MEDINA, Colin W. Campbell d/b/a Campbell Pontiac Company, and Colin W. Campbell, Defendants-Appellees.

Supreme Court of New Mexico.

July 28, 1966.

Attorney(s) appearing for the Case

Sanchez & Thomson, Santa Fe, Sterling F. Black, Los Alamos, Walter F. Wolf, Jr., Gallup, for appellant.

Bertrand B. Prince, Santa Fe, for appellee, Medina.

White, Gilbert, Koch & Kelly, Santa Fe, for appellee, Campbell.

OPINION

NOBLE, Justice.

A complaint filed September 25, 1961, after various pleadings, discovery proceedings, and a request for jury trial was dismissed under Rule 41(e) (§ 21-1-1 (41)(e), N.M.S.A. 1953), pursuant to a motion filed January 10, 1964. This appeal followed.

Plaintiff's attorney testified to his diligence in attempting to have the case set for trial prior to expiration of the two-year period, and introduced in evidence at the hearing...

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