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RICKARD v. MONTGOMERY WARD & CO.

No. 38122.

96 P.3d 743 (2004)

David James RICKARD, Appellant, v. MONTGOMERY WARD & CO., INCORPORATED, D/B/A Montgomery Ward, Respondent.

Supreme Court of Nevada.

September 2, 2004.

Attorney(s) appearing for the Case

Frederick S. Geihs, Las Vegas, for Appellant.

Gugino Law Firm and Monte Hall, Las Vegas, for Respondent.

Before ROSE, MAUPIN and DOUGLAS, JJ.

OPINION

PER CURIAM.

This appeal concerns whether the five-year prescriptive period under NRCP 41(e) is tolled for the period that a stay is imposed by a debtor's bankruptcy. Appellant David Rickard filed suit against respondent Montgomery Ward & Co., Inc., and several other parties. Thereafter, Ward filed a chapter 11 bankruptcy proceeding, which stayed Rickard's action. Eventually, Rickard obtained relief from the stay and filed a motion for...

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