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KALOSHA v. NOVICK

No. 8195.

426 P.2d 598 (1967)

77 N.M. 627

Olga KALOSHA, Aleksander Kiula and Viktor Gushcha, heirs of Elizabeth Hysze also known as Elizaveta Gushcha; and Losif S. Dashko, sole heir of Sofia Dashko, Widow of Sawa Dashko, also known as Savva Dashko, Plaintiffs-Appellants, v. Olga P. NOVICK, Defendant-Appellee.

Supreme Court of New Mexico.

April 17, 1967.

Attorney(s) appearing for the Case

Sterling F. Black, Los Alamos, Paul A. Phillips, Albuquerque, for appellants.

John R. Brand, D.D. Hallam, Hobbs, for appellee.

OPINION

OMAN, Judge, Court of Appeals.

The plaintiffs have appealed from an order of the district court dismissing their complaint with prejudice, pursuant to Rule 37(d) of the Rules of Civil Procedure for the district courts of New Mexico, which appears as § 21-1-1(37) (d), N.M.S.A. 1953, and which is identical with Rule 37 (d) of the Federal Rules of Civil Procedure.

The portion of this section of our rules, which is material to a disposition...

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