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SMITH v. DIAL FINANCE COMPANY OF NORTH LAS VEGAS

No. 5845.

461 P.2d 856 (1969)

James C. SMITH, Claudia M. Smith, a.k.a. Claudia M. Bobish, and Jim R. Souter, Appellants, v. DIAL FINANCE COMPANY OF NORTH LAS VEGAS, Respondent.

Supreme Court of Nevada.

December 1, 1969.

Attorney(s) appearing for the Case

L. Earl Hawley, Las Vegas, for appellants.

Stanley W. Pierce, Las Vegas, for respondent.

OPINION

THOMPSON, Justice.

This appeal is from an order of the district court dismissing the Smiths' counterclaim for damages in an action commenced by Dial Finance to recover money due on a promissory note. The dismissal was granted upon the ground that the Smiths were not the real parties in interest with standing to assert a counterclaim since one day before filing their counterclaim they had filed a voluntary petition for bankruptcy with the federal...

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