WENKE, Justice.
Fred D. Beltner brought this action in the district court for Scotts Bluff County against Carl H. Carlson. The purpose of the action is to recover damages based on fraud. Judgment was rendered dismissing the action with prejudice. Plaintiff filed a motion for new trial and has appealed from the overruling thereof.
For convenience we shall herein refer to the appellant as Beltner and to the appellee as Carlson.
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