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MEREDITH v. ARDEN

No. 8421.

555 P.2d 1241 (1976)

Thomas K. MEREDITH and Rose N. Meredith, Appellants, v. Virgie L. Spekker ARDEN and John Arden et al., Respondents.

Supreme Court of Nevada.

November 10, 1976.

Attorney(s) appearing for the Case

Paul A. Richards, Reno, for appellants.

Emerson J. Wilson, Ltd., Timothy J. Henderson, Reno, for respondents Virgie L. Spekker Arden, John Arden, Jimmie Ferrara and Leona Ferrara.

McDonald, Carano, Wilson, Bergin & Bible, Reno, for all respondents except Lloyd E. Blair, Jo Ann G. Blair, Virgie L. Spekker Arden, John Arden, Jimmie Ferrara, Leona Ferrara, Ernest W. Mack, M.D., Roberta Mack, M.H. McKinnon and Lloyd V. Smith.

OPINION

PER CURIAM:

This action was dismissed for failure to prosecute within five years. NRCP 41(e). The complaint was filed August 18, 1965. Nine and three-quarters years elapsed without the action coming to trial. Now appellant claims the trial court abused its discretion in granting the motion to dismiss.

This court holds once again that a period of delay between the filing of the complaint and trial which exceeds five years mandates dismissal...

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