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WISCHMANN v. RAIKES

No. 34368.

97 N.W.2d 551 (1959)

168 Neb. 728

Alvina WISCHMANN and Alvina K. Wischmann, Administratrix of the Estate of Willy Wischmann, deceased, Appellees, v. Ralph RAIKES, Appellant.

Supreme Court of Nebraska.

June 26, 1959.

Attorney(s) appearing for the Case

Bryant, Christensen & Sullivan, Wahoo, Gross, Welch, Vinardi & Kauffman, Kennedy, Holland, DeLacy & Svoboda, William P. Mueller, Malcolm D. Young, Omaha, for appellant.

John J. Edstrom, Wahoo, Nelson & Harding, Duane W. Acklie, Lincoln, for appellees.

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

WENKE, Justice.

On rehearing we have come to the conclusion we were in error in two areas in our original opinion herein released on October 31, 1958, and reported in 167 Neb. 251, 92 N.W.2d 708. We therefore withdraw that opinion and substitute therefor the following.

One June 10, 1954, Willy Wischmann and Alvina Wischmann, husband and wife, brought this action in the district court for...

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