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FIDELITY AND DEPOSIT CO. OF MARYLAND v. BODENSTEDT

No. 34805.

104 N.W.2d 292 (1960)

170 Neb. 799

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation, Appellee, v. Herbert BODENSTEDT, d/b/a Herb's Buick Company, Appellant.

Supreme Court of Nebraska.

July 15, 1960.

Attorney(s) appearing for the Case

Addison & Addison, Wayne, for appellant.

Kenneth M. Olds, Donald R. Reed, Wayne, for appellee.

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

YEAGER, Justice.

This is an action instituted by Fidelity and Deposit Company of Maryland, a corporation, plaintiff and appellee, against Herbert Bodenstedt, doing business as Herb's Buick Company, defendant and appellant. Issues were joined by appropriate pleadings. Thereafter the plaintiff filed a motion for summary judgment in its favor. The defendant filed a motion in resistance and for summary judgment in his favor. The case came on for hearing before the court...

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