RUDDER v. UNION PACIFIC RAILROAD COMPANY

No. 8771.

560 P.2d 160 (1977)

Charles L. RUDDER, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Respondent.

Supreme Court of Nevada.

February 17, 1977.


Attorney(s) appearing for the Case

Dale W. Beasey, Jeffrey G. Green, Las Vegas, for appellant.

W. Bruce Beckley, Guild, Hagen & Clark, Las Vegas, for respondent.


OPINION

PER CURIAM:

On January 5, 1971, Charles L. Rudder filed a complaint in the district court seeking damages from respondent under the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq. (1972). On January 12, 1976, over five years later, the court granted a motion to dismiss with prejudice for failure to prosecute, pursuant to NRCP 41(e).

Although appellant concedes that dismissal is mandatory for failure to bring a case to trial...

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