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BEVERLY v. CONQUISTADORES, INC.

No. 1771.

537 P.2d 1015 (1975)

88 N.M. 119

Mildred BEVERLY and Julius Beverly, Plaintiffs-Appellants, v. CONQUISTADORES, INC., a corporation, d/b/a McDonald's Hamburgers, Defendant and Third-Party Plaintiff-Appellee, v. Colorado Pacific Contractors, Third-Party Defendant and Fourth-Party Plaintiff-Appellee, v. JAYNES CORPORATION, Fourth-Party Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied July 2, 1975.

Attorney(s) appearing for the Case

Carl M. Sparks, Carvajal & Sparks, Albuquerque, for plaintiffs-appellants.

William P. Gralow, Civerolo, Hansen Wolf, Albuquerque, for appellee Conquistadores, Inc.

Irving E. Moore, Albuquerque, for appellee Colorado Pacific Contractors.

James A. Parker, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for appellee Jaynes Corp.

OPINION

WOOD, Chief Judge.

The issue is the propriety of the trial court's order dismissing plaintiffs' complaint with prejudice. The trial court's order reads:

"That Plaintiffs' attorney, at the Pretrial Conference * * * indicated he had knowledge of a witness whom he might call to testify at trial; that upon the demand of the moving parties for the identity of said potential witness, Plaintiffs' attorney refused to disclose that witness' identity...

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