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MORE v. SHOEMAKER

No. 8187.

427 P.2d 41 (1967)

77 N.M. 689

Robert L. MORE, Jr. and Ann More, his wife, Trustees, Plaintiffs-Appellants, v. Warren K. SHOEMAKER, Marshall Sellman and Dick Sellman, Defendants-Appellees.

Supreme Court of New Mexico.

May 1, 1967.

Attorney(s) appearing for the Case

Donald A. Martinez, Las Vegas, for appellants.

Modrall, Seymour, Sperling, Roehl & Harris, Frank H. Allen, Jr., Albuquerque, for appellees.

OPINION

CHAVEZ, Chief Justice.

This appeal is from an order of the trial court dismissing appellants' complaint under the provisions of Rule 41(e) (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp.), which provides that in any civil action, when it shall be made to appear to the court that the plaintiff has failed to take any action to bring such action to its final determination for a period of at least two years after the filing of said action, unless a written...

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