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CHAVEZ v. ANGEL

No. 8355.

427 P.2d 40 (1967)

77 N.M. 687

George CHAVEZ, Gilbert Sanchez, Gabriel BUSTOS and Max A. Valdez, Petitioners, v. The Honorable Joe ANGEL, Judge of the Fourth Judicial District, Respondent.

Supreme Court of New Mexico.

April 24, 1967.

Attorney(s) appearing for the Case

George A. Graham, Jr., Santa Fe, for petitioners, Gilbert Sanchez and Max A. Valdez.

Leon Karelitz, Las Vegas, for petitioner, Gabriel Bustos.

Roberto L. Armijo, Las Vegas, for petitioner, George Chavez.

Leslie D. Ringer, Santa Fe, for respondent and real parties in interest.

OPINION

CARMODY, Justice.

This is an original proceeding, seeking to require the district judge of the Fourth Judicial District to dismiss a case pending before him under the provisions of Rule 41(e) (§ 21-1-1(41) (e), N.M.S.A. 1953).

Suit was originally filed on December 8, 1964, and the defendants filed a motion to dismiss under Rule 41(e), supra, on December 9, 1966. This motion has been overruled by the trial court.

Although the...

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