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VALENTINE OIL CO. v. POWERS

No. 33258.

59 N.W.2d 160 (1953)

157 Neb. 87

VALENTINE OIL CO. et al. v. POWERS et al.

Supreme Court of Nebraska.

June 5, 1953.

Attorney(s) appearing for the Case

Eugene D. O'Sullivan, Eugene D. O'Sullivan, Jr., Omaha, A. Marvin Lungren, Denver, Colo., for appellants.

Edwin D. Crites, Charles A. Fisher, Chadron, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

CHAPPELL, Justice.

This case is a companion to and was originally a part of Valentine Oil Co. v. Powers, Neb., 59 N.W.2d 150. Because of misjoinder of causes of action it was docketed separately with an amended and supplemental petition. Named as defendants were Charles A. Fisher, Roy R. Powers, and A. A. Kennedy, but in the same manner as in the other action the last two named defendants were concededly never served with process...

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