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BODTKE v. BRATTEN

No. 34283.

90 N.W.2d 818 (1958)

166 Neb. 810

Clarence BODTKE and Edward Summers, Appellees, v. Joseph BRATTEN, Appellant.

Supreme Court of Nebraska.

June 13, 1958.

Attorney(s) appearing for the Case

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

Edw. E. Carr, Robert E. Roeder, North Platte, for appellees.

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

WENKE, Justice (dissenting).

I disagree with the ruling of the majority of the court denying appellant's motion for rehearing because, in my judgment, we should strike from our opinion, reported as Bodtke v. Bratten, 166 Neb. 36, 88 N.W.2d 159, the language hereinafter set forth, which can be found on page 48 of 166 Neb., on page 167 of 88 N.W.2d, because it improperly restricts and limits appellant...

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