BADT, Justice.
This is an appeal from an order dismissing the case below for failure to bring the action to trial within five years after the filing of the action pursuant to NRCP, Rule 41 (e), reading in part as follows:
"Any action heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced or to which it may be transferred on motion of the defendant, after due notice to plaintiff or by the court upon its...
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