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SOUTHWEST UNDERWRITERS v. MONTOYA

No. 8710.

452 P.2d 176 (1969)

80 N.M. 107

SOUTHWEST UNDERWRITERS and Benjamin M. Sherman, Petitioners, v. The Honorable Samuel Z. MONTOYA, Judge of the First Judicial District in and for the County of Santa Fe, Respondent.

Supreme Court of New Mexico.

March 24, 1969.

Attorney(s) appearing for the Case

White, Gilbert, Koch & Kelly, Santa Fe, for petitioners.

Standley, Kegel & Campos, Frank P. Dickson, Jr., Santa Fe, for respondent.

OPINION

NOBLE, Chief Justice.

The Supreme Court adopted Rule of Civil Procedure 41(e), effective September 20, 1942, requiring the dismissal with prejudice of civil cases or proceedings in which the plaintiff or cross-complainant has failed to take action to bring such case to its final determination within two years after filing the complaint or cross-complaint. The New Mexico legislature, by ch. 132, Laws of 1965, purported to amend this rule by extending...

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