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HAVAS v. CARTER

No. 5609.

451 P.2d 711 (1969)

Victor HAVAS, dba Courtesy Motors, Appellant, v. Richard CARTER and Insurance Agency, Inc., a Nevada corporation, Respondents.

Supreme Court of Nevada.

March 10, 1969.

Attorney(s) appearing for the Case

Calvin C. Magleby, Robert K. Dorsey, Las Vegas, for appellant.

Morse, Graves, Parraguirre & Rose, Ltd., Las Vegas, for respondents.

OPINION

THOMPSON, Justice.

Victor Havas brought suit on a theft insurance policy against Insurance Agency, Inc., to recover the fair value of a 1962 Cadillac automobile allegedly stolen from his used car lot. The policy excluded coverage for loss by embezzlement. Trial was to the court without a jury. At the close of the plaintiff's case in chief the court granted the defendants' Rule 41(b)1 motion for dismissal, stating: "The...

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