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DOLLISON v. FIREMAN'S FUND INSURANCE COMPANY

No. 7945.

423 P.2d 426 (1966)

77 N.M. 392

Lester R. DOLLISON, C.B. Akers and B.J. McKenna, Plaintiffs-Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied February 13, 1967.

Attorney(s) appearing for the Case

McKenna & Sommer, Santa Fe, for appellants.

Modrall, Seymour, Sperling, Roehl & Harris, Allen C. Dewey, Kenneth L. Harrigan, Albuquerque, for appellee.

OPINION

OMAN, Judge, Court of Appeals.

This is an appeal from an order entered March 29, 1965 sustaining the defendant's motion to dismiss the plaintiffs' complaint pursuant to the provisions of Rule 41(e) of the Rules of Civil Procedure for the district courts of the State of New Mexico, which appears as § 21-1-1(41) (e), N.M.S.A. 1953.

This rule has been the subject of many decisions by this court. For a comment on a number of these decisions...

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