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DIMARTINO v. DIST. CT.

No. 40923.

66 P.3d 945 (2003)

Mark DIMARTINO, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, In and For the COUNTY OF CLARK, and the Honorable Valorie J. Vega, District Judge, Respondents, and Michael GREENSTEIN, Real Party in Interest.

Supreme Court of Nevada.

April 16, 2003.

Attorney(s) appearing for the Case

Nersesian & Sankiewicz and Robert A. Nersesian, Las Vegas, for Petitioner.

Law Office of Barry Levinson and Barry Levinson, Las Vegas, for Real Party in Interest.

Before SHEARING, LEAVITT and BECKER, JJ.

OPINION

PER CURIAM.

This original petition for a writ of mandamus questions whether the district court acted arbitrarily and capriciously by disqualifying petitioner Mark DiMartino's counsel, Michael H. Singer, under SCR 178. Having reviewed the petition and the answer filed by real party in interest Michael Greenstein, we conclude that SCR 178 may prevent Singer from representing DiMartino at trial, if the underlying action proceeds to trial, but...

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