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NELSON v. SIERRA CONSTRUCTION CORP.

No. 4364.

364 P.2d 402 (1961)

Herbert E. NELSON and Wallace R. Nelson, Appellants, v. SIERRA CONSTRUCTION CORP., R K R Construction Company, a Nevada corporation, W.E. Koerwitz, and A.P. Rapone, Respondents.

Supreme Court of Nevada.

August 24, 1961.

Attorney(s) appearing for the Case

Morton Galane, Las Vegas, for appellants.

Samuel S. Lionel and Dwight B. Claar, Jr., Las Vegas, for respondents RKR Const. Co., W.E. Koerwitz, and A.P. Rapone.

BADT, Chief Justice.

The amended complaint in the court below presented a stockholders' derivative action in three counts. The first two counts sought relief from one Charles L. Horsey, Jr., and one Fred L. Allred, the former being a codirector with Koerwitz and Rapone of Sierra Construction Corporation, and the third count sought relief against R K R Construction Company, Koerwitz, and Rapone. An order of severance was made whereunder this action proceeded against...

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