OPINION
TACKETT, Justice.
This case is before us as a result of a dismissal by the trial court under Rule 41 (e), Rules of Civil Procedure (§ 21-1-1 (41) (e), N.M.S.A., 1953 Comp.).
The instant case is controlled by the recent case of Southwest Underwriters v. Montoya,
The order of dismissal is affirmed.
It is so ordered.
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