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SUMMIT ELEC. SUPPLY CO. v. RHODES & SALMON

No. 28,284.

241 P.3d 188 (2010)

2010-NMCA-086

SUMMIT ELECTRIC SUPPLY COMPANY, INC. and SE Technologies, Inc., Plaintiffs-Appellants, v. RHODES & SALMON, P.C., Defendant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied, August 27, 2010, No. 32,540.

Attorney(s) appearing for the Case

Foster, Rieder & Jackson, P.C., J. Douglas Foster , Travis G. Jackson , Albuquerque, NM, for Appellants.

Law Office Briggs F. Cheney, Briggs F. Cheney , Jaime L. Dawes , Albuquerque, NM, for Appellee.

OPINION

ROBLES, Judge.

{1} Summit Electric Supply Company, Inc. (Summit) and SE Technologies, Inc. (SE) (collectively, Plaintiffs) appeal the district court's dismissal for failure to prosecute pursuant to Rule 1-041(E) NMRA. After review, we reverse the district court.

I. BACKGROUND

{2} Plaintiffs, represented by the same attorney, filed a complaint on July 18, 2002. The record reveals that Plaintiffs pursued...

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