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ABBOTT v. MILLER

No. 4680.

390 P.2d 429 (1964)

Eva D. ABBOTT, Richard E. Abbott, and El Ranch Otel, Inc., a.k.a. El Ranch-Otel, Inc., a corporation, Appellants, v. E.W. MILLER and Nita H. Miller, Respondents.

Supreme Court of Nevada.

March 30, 1964.

Attorney(s) appearing for the Case

Bradley & Drendel and Leo P. Bergin, Reno, for appellants.

Laxalt, Ross & Laxalt, Carson City, for respondents.

THOMPSON, Justice.

We are asked to review a summary judgment in a declaratory relief action. NRCP 56(a). The judgment canceled an agreement between the Millers (plaintiffs) and the Abbotts and their assignee El Ranch Otel, Inc. (defendants), and removed the cloud cast upon the Millers' title to certain land by reason of the agreement. We reverse, for there exist genuine issues of material fact to be resolved.

The record shows that on March 9, 1959 the Millers...

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