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Dog's sex life an issue for court

By Cy Ryan

CARSON CITY - It's not the kind of life-or-death issue or multimillion-dollar business dispute that often appears on the Nevada Supreme Court's docket - but don't try telling Mr. Bojangles that it's not an important case.

The issue before the state's high court: Did the $500 sale of the now-5-year-old Great Dane come with a provision requiring that he be neutered?

Linda Reese, who sold the AKC-registered puppy to Zee Marie and Frederic Moss, contends that the March 2001 sale also included an agreement that Mr. Bojangles was not to be bred or entered in dog shows, but simply used as a pet.

Marie and Moss, though, argue there was no agreement about neutering or some of the prohibitions that Reese says exist. After entering Mr. Bojangles in shows in which he won 'best of breed' and other awards, they began receiving inquiries about breeding the dog.

Reese filed suit in February 2003, seeking $20,000 plus attorney fees for alleged breach of contract.

District Judge Kenneth Cory issued a summary judgment in Reese's favor, based on written communications among the parties that the judge found pointed to a contract fitting Reese's description.

The contract itself, however, was not presented as evidence.

The Supreme Court set aside that decision this week, sending the case back to Cory for a new hearing to resolve a "genuine issue of material fact," whether the original contract included a provision about neutering Mr. Bojangles.

To date, his owners say they have not used him for breeding purposes.

Marie and Moss, in their legal brief to the Supreme Court, argue that Reese has been motivated by a "misguided human emotion of jealousy" in claiming not only that Mr. Bojangles was not to be bred, but also that the dog should be castrated if it suffered from painful hip dysplasia.

During the protracted dispute, Marie signed a second contract agreeing to pay $1,000 to Reese and to have the dog castrated if it suffered from hip problems.

But co-owner Moss never agreed to that contract.

Cy Ryan can be reached at (775) 687-5032 or at cy@lasvegassun.com.

Source: Las Vegas Sun

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