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ABEL v. CONOVER

No. 34787.

104 N.W.2d 684 (1960)

170 Neb. 926

Robert ABEL, Appellant-Cross-Appellee, v. J. Cedric CONOVER, Appellee-Cross-Appellant.

Supreme Court of Nebraska.

August 19, 1960.

Attorney(s) appearing for the Case

Andrew K. Parkansky, Scottsbluff, Peter E. Marchetti, Omaha, for appellant.

Neighbors & Danielson, Scottsbluff, for appellee.

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

CARTER, Justice.

This is an action to recover treble damages, under section 7-106, R.R.S.1943, for fraud and deceit on the part of the defendant while acting as city attorney of Bridgeport, Nebraska, as county attorney of Morrill County, Nebraska, and as an attorney at law. The trial court sustained the motion of the defendant for a judgment on the pleadings, and plaintiff has appealed.

The petition alleges in substance that on or about February 17, 1955,...

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