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PUEPPKA v. IOWA MUTUAL INSURANCE COMPANY

No. 34111.

88 N.W.2d 657 (1958)

166 Neb. 203

Lloyd PUEPPKA and Cleo Pueppka, husband and wife, et al., Appellees, v. IOWA MUTUAL INSURANCE COMPANY, a mutual company, Appellant, Lydia O. Gerken et al., Intervener-Appellee.

Supreme Court of Nebraska.

March 14, 1958.

Attorney(s) appearing for the Case

Beatty, Clarke, Murphy & Morgan, Donald W. Pederson, Frank E. Piccolo, Jr., North Platte, for appellant.

Maupin, Dent, Kay & Satterfield, Crosby, Crosby & Nielsen, Halligan & Mullikin, William E. Morrow, Jr., North Platte, for appellees.

E. H. Evans, North Platte, for Gerken, intervener-appellee.

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

CARTER, Justice.

Subsequent to the filing of the former opinion in this case, Pueppka v. Iowa Mutual Ins. Co., 165 Neb. 781, 87 N.W.2d 410, appellees filed a motion for a rehearing. In addition thereto a plain error in the assessment of costs, which was not assigned, has been noted as authorized by Rule 8, subd. a(2, 4) of the rules of this court. An opinion is deemed necessary to dispose of the...

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