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JOHNSON v. TRAVELERS INSURANCE COMPANY

No. 7014.

515 P.2d 68 (1973)

Jack JOHNSON et al., Appellants, v. Group A. Defendant Class: TRAVELERS INSURANCE COMPANY sued herein as representative of the class constituting every other health and accident insurance company licensed to do business in the State of Nevada situated in the same or similar class, classes or subclasses, numbering 565, such companies named in the attached plaintiffs' Exhibit No. 1, et al., Respondents.

Supreme Court of Nevada.

Rehearing Denied January 3, 1974.

Attorney(s) appearing for the Case

Kermitt L. Waters, Las Vegas, for appellants.

Wait, Shamberger & Georgeson, Reno, for respondents.

OPINION

THOMPSON, Chief Justice:

This action against Travelers Insurance Company and Dr. Thomas W. Kavanagh was commenced by Jack Johnson for himself and for others similarly situated, and purports to state a claim for relief as a class action under NRCP 23. Upon motion of the defendant Travelers it was dismissed as a class action, but without prejudice for the plaintiff to otherwise proceed. Since the order of dismissal determined only the legal insufficiency...

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