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FICK v. HERMAN

No. 33591.

72 N.W.2d 598 (1955)

161 Neb. 110

Betty J. FICK, Administratrix of the Estate of Thomas Fick, Deceased, Appellee, v. Mabel C. HERMAN, doing business as Herman Oil Transport Company, Marvin G. Melia, Appellants. Impleaded with Edgar Clifton, Appellee.

Supreme Court of Nebraska.

October 21, 1955.

Attorney(s) appearing for the Case

Wear & Boland, Morris D. Cook, John E. North, Omaha, for appellants.

Sidner, Lee, Gunderson & Svoboda, Fremont, for appellee.

Spear, Lamme & Simmons, Fremont, for Edgar Clifton.

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

CARTER, Justice.

The appellee, Betty J. Fick, administratrix of the estate of Thomas Fick, deceased, moves this court to recall its mandate to allow consideration of a further motion praying for a specific order that the nonappealing defendant, Edgar Clifton, shall be a party to the retrial.

The record presented discloses that the mandate of this court was received by the clerk of the district court for Dodge County...

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