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FINNERN v. BRUNER

No. 34680.

101 N.W.2d 905 (1960)

170 Neb. 170

Richard E. FINNERN, Appellee, v. Harry E. BRUNER, Jr., Appellant, Arvella D. Bruner et al., Appellees, Impleaded with Harry E. Bruner, Intervener, Appellee.

Supreme Court of Nebraska.

March 25, 1960.

Attorney(s) appearing for the Case

Frost, Meyers & Farnham, James E. Fellows, Omaha, for appellant.

Haney & Walsh, Omaha, for appellees.

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

CARTER, Justice.

This is an action which originated by the filing of a petition for a new trial on the ground of newly discovered evidence. The trial court found that the newly discovered evidence was sufficient to warrant a new trial and entered a final order granting a new trial of the case. The defendant Harry E. Bruner, Jr., has appealed.

The case was previously before this court. Finnern v. Bruner, 167 Neb. 281,

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