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TRUJILLO v. HARRIS

No. 7723.

410 P.2d 401 (1966)

75 N.M. 683

C.T. TRUJILLO, Plaintiff-Appellant, v. John HARRIS, Defendant-Appellee.

Supreme Court of New Mexico.

January 24, 1966.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, Warren F. Reynolds, Albuquerque, for appellant.

Knight, Sullivan & Hurley, Albuquerque, for appellee.

CHAVEZ, Justice.

This is an appeal from an order of the district court dismissing plaintiff-appellant's complaint under § 21-1-1(41) (e), N.M.S.A., 1953 Comp.

The record discloses the following facts. The complaint was filed on May 4, 1960. On July 15, 1960, defendant filed a motion to dismiss on the ground that the differences, if any, between the parties had been settled. On October 10 and November 9, 1960, defendant filed notices to take plaintiff...

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