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WILMURTH v. STATE

No. 4705.

387 P.2d 251 (1963)

Bennie WILMURTH and Mary Ann Wilmurth, Appellants, v. The STATE of Nevada, and Dr. Jules Magnette, Acting Superintendent, Respondents.

Supreme Court of Nevada.

December 13, 1963.

Attorney(s) appearing for the Case

Bradley & Drendel, Reno, for appellants.

Harvey Dickerson, Atty. Gen., and Gabe Hoffenberg, Chief Deputy Attorney Gen., Carson City, for respondents.

PER CURIAM:

On December 4, 1963 respondent, the State of Nevada, filed its motion herein to dismiss the appeal of appellants from an order dismissing the State of Nevada as a party defendant made and entered on the 10th day of June, 1963. Several grounds are stated in the motion for dismissal of the appeal. Only one need be considered.

Respondent State of Nevada maintains that an order dismissing one of several defendants is not an appealable order as it is...

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