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HD SUPPLY FACILITIES MAINT., LTD v. BYMOEN

No. 50989.

210 P.3d 183 (2009)

HD SUPPLY FACILITIES MAINTENANCE, LTD., Appellant, v. Leif BYMOEN, an Individual; and AZ Partsmaster, Inc., an Arizona Corporation, Respondents.

Supreme Court of Nevada.

June 11, 2009.

Attorney(s) appearing for the Case

Lewis & Roca, LLP, and Daniel F. Polsenberg, Las Vegas; Ford & Harrison, LLP, and Dinita L. James, Phoenix, AZ, for Appellant.

Fennemore Craig, P.C., and David W. Dachelet, Las Vegas; Quarles & Brady Streich Lang, LLP, and Eric B. Johnson, Phoenix, AZ, for Respondents.

Before the Court En Banc.

OPINION

By the Court, PARRAGUIRRE, J.

The United States District Court for the District of Nevada has certified, under NRAP 5, three questions concerning "[w]hether the Nevada rule stated in Traffic Control Servs. v. United Rentals, 120 Nev. 168, 172, 87 P.3d 1054, 1057 (2004), that `absent an agreement negotiated at arm's length, which explicitly permits assignment and which is supported by separate consideration...

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