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FLINTKOTE CO. v. INTERSTATE EQUIPMENT CORP.

No. 8940.

571 P.2d 815 (1977)

FLINTKOTE COMPANY, Commerce & Industry Insurance Co., Commercial Union Insurance Co. of America, Eagle Star Insurance Company, Ltd., Fireman's Fund Insurance Company, Glens Falls Insurance Company, Great American Insurance Company, Industrial Indemnity Company, National Fire Insurance Company, National Union Fire Insurance Company, Reliance Insurance Company, South Carolina Insurance Company, Travelers Indemnity Company, United States Fire Insurance Co., Underwriters at Lloyds, London and certain Co.'s in England, Transamerican Insurance Company, all Foreign Corporations authorized to do business in the State of Nevada, Appellants, v. INTERSTATE EQUIPMENT CORPORATION, a Foreign Corporation authorized to do business in the state of Nevada, Respondent.

Supreme Court of Nevada.

December 1, 1977.

Attorney(s) appearing for the Case

Jones, Jones, Bell, LeBaron, Close & Brown, and Gary R. Goodheart, Las Vegas, for appellants.

Beckley, Singleton, DeLanoy, Jemison & Reid, Chartered, Las Vegas, for respondent.

OPINION

PER CURIAM:

This is an appeal from an order of the district court dismissing appellants-plaintiffs' complaint for not bringing the action to trial within five years. Appellants predicate their appeal on the novel theory that the parties entered into a stipulation, which was approved by the district judge, striking a paragraph from plaintiffs' complaint, and that such stipulation carried with it a necessary implication that the parties were agreeing...

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