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NAD, INC. v. DIST. CT.

No. 31476.

976 P.2d 994 (1999)

NAD, INC., a/k/a North American Drager, Invivo Research, Inc., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of the Nevada, in and for the COUNTY OF CLARK, and the Honorable Mark Gibbons, District Judge, Respondents, and Southern Nevada Surgical Center, A Sharon C. Frank Professional Corporation; Southern Nevada Surgical Center, A Limited. Partnership d/b/a Southern Nevada Surgical Center; Surgex-Southern Nevada, Inc., General Partner of Southern Nevada Surgical Center, A Limited Partnership; and Surgex, Inc., A Foreign Corporation, Real Parties in Interest.

Supreme Court of Nevada.

April 26, 1999.

Attorney(s) appearing for the Case

Edwards, Hale, Sturman & Atkin, Ltd., Las Vegas, for Petitioner NAD, Inc.

Perry and Spann, and Monique Laxalt, Las Vegas, for Petitioner Invivo Research.

Vannah Costello Howard Canepa Wiese & Reidy, and G. Randall Rostad, Las Vegas, for Real Parties in Interest Surgex.

Harrison, Kemp & Jones, and Jerome R. Bowen, Las Vegas; Jones Vargas, Las Vegas, for Real Parties in Interest Southern Nevada Surgical Center and Surgex.

Before the Court En Banc.

OPINION

PER CURIAM.

SUMMARY

North American Drager, Inc. ("NAD") and Invivo Research ("Invivo") filed a motion to name Continental Casualty Company ("CNA") as a third-party plaintiff, alleging that CNA was the real party in interest because CNA's loan receipt agreement with its insureds was an ineffective means of preventing subrogation. The district court denied this motion. Thereafter, NAD and Invivo filed a petition for writ of...

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