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ROCHE v. SCHARTZ

No. 5103

419 P.2d 779 (1966)

Paul A. ROCHE, Guardian of the Person and Estate of John B. Roche, an Incompetent Person, Appellant, v. Thon Patrick SCHARTZ, Respondent.

Supreme Court of Nevada

November 4, 1966

Attorney(s) appearing for the Case

Peter Echeverria, Reno, for Appellant.

Vargas, Dillon, Bartlett & Dixon, and Albert F. Pagni, Reno, for Respondent.

OPINION

ZENOFF, District Judge.

This appeal is taken from an order of the court below granting an involuntary dismissal under Rule 41(b),1 Nevada Rules of Civil Procedure. Collaterally, appellant also contends that the respondent waived his privilege to preclude his wife's testimony when he agreed that her deposition might be taken before trial, and it was taken.

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