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WAID v. DIST. CT.

No. 42322.

119 P.3d 1219 (2005)

Frederick WAID; M. Nafees Nagy, M.D.; Noel A. Gage; and Gage & Gage, LLP, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, In and For The COUNTY OF CLARK, and the Honorable David Wall, District Judge, Respondents, and Vestin Fund I, LLC, a Nevada Limited Liability Company; Vestin Fund II, LLC, a Nevada Limited Liability Company; and Daniel Tabas, an Individual, Real Parties in Interest.

Supreme Court of Nevada.

September 22, 2005.

Attorney(s) appearing for the Case

Lemons Grundy & Eisenberg and Robert L. Eisenberg, Reno, for Petitioners.

Beckley Singleton, Chtd., and Ike Lawrence Epstein, and Daniel F. Polsenberg, Las Vegas; Paul R. Connaghan, Las Vegas, for Real Parties in Interest.

Before the Court En Banc.

OPINION

PER CURIAM.

This original petition for a writ of mandamus challenges a district court order disqualifying petitioner Noel Gage and his firm, petitioner Gage & Gage, LLP, from representing petitioners Frederick Waid and M. Nafees Nagy, defendants in the underlying action. We conclude that petitioners have not demonstrated that the district court abused its discretion in ordering disqualification. First, we adopt the Seventh Circuit's test...

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