Flintkote Co. v. Interstate Equipment Corp.

*598OPINION

This is an appeal from an order of the district court dismissing appellants-plaintiffs’ complaint for not bringing the action to trial within five years. Appellants predicate their appeal on the novel theory that the parties entered into a stipulation, which was approved by the district judge, striking a paragraph from plaintiffs’ complaint, and that such stipulation carried with it a necessary implication that the parties were agreeing to extend the five-year period set forth in NRCP 41 (e).1

We find, as did the lower court, no such implication in the stipulation. Indeed, the language…