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JONES v. MONTGOMERY WARD & CO., INC.

No. 15519.

702 P.2d 990 (1985)

103 N.M. 45

Fred T. JONES, Petitioner, v. MONTGOMERY WARD & COMPANY, INC., Respondent.

Supreme Court of New Mexico.

July 11, 1985.

Attorney(s) appearing for the Case

Alejandro Duran, Jr., Salvador Ramirez, El Paso, Tex., for petitioner.

Martin, Cresswell & Hubert, John R. Gerbracht, Las Cruces, for respondent.

OPINION

SOSA, Senior Justice.

The district court granted a motion by defendant Montgomery Ward & Co. to dismiss plaintiff Fred Jones' personal injury action for failure to prosecute under NMSA 1978, Civ.P.Rule 41(e) (Repl.Pamp. 1980), and for failure to substitute parties as required by NMSA 1978, Civ.P.Rule 25(a) (Repl.Pamp. 1980). The Court of Appeals affirmed in a memorandum opinion. We granted certiorari and now reverse.

The sole issue we...

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