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JOHNSON v. HARBER

No. 9261.

582 P.2d 800 (1978)

Dan H. JOHNSON, Appellant, v. William HARBER, doing business as Harber Construction, Respondent.

Supreme Court of Nevada.

August 9, 1978.

Attorney(s) appearing for the Case

Jerry J. Kaufman, Las Vegas, for appellant.

Albright & McGimsey, Las Vegas, for respondent.

OPINION

PER CURIAM:

This case involves the failure of plaintiff-appellant to prosecute his claim within the mandatory five year period provided in NRCP 41(e). The complaint was filed on April 26, 1971, and appellant was substituted as real-party-in-interest plaintiff on July 9, 1971, with an amended complaint showing such substitution filed on July 12, 1971. Trial was eventually set for November 21, 1972, but defendant-respondent successfully moved to vacate...

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