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FIRST NAT. BANK, ETC. v. RON RUDIN REALTY CO.

No. 10883.

623 P.2d 558 (1981)

FIRST NATIONAL BANK OF NEVADA, Executor of the Estate of L.S. Brotherton, Deceased, Appellant, v. RON RUDIN REALTY CO., A Nevada Corporation, Respondent.

Supreme Court of Nevada.

February 10, 1981.

Attorney(s) appearing for the Case

Paul L. Larsen, Chartered and Foley Brothers, Las Vegas, for appellant.

Wiener, Goldwater & Waldman, Ltd., Las Vegas, for respondent.

OPINION

MANOUKIAN, Justice:

In this appeal, appellant-plaintiff requests us to reverse, contending that the trial court (1) improperly granted respondent-defendant's motion for involuntary dismissal under NRCP 41(b), and (2) improvidently determined the escrow agreement's forfeiture clause to be invalid as a penalty. We affirm.

Appellant Bank, as executor of the estate of L.S. Brotherton, Deceased, (hereinafter referred to as Brotherton) sought the...

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