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IN RE SMITH'S ESTATE

No. 35376.

120 N.W.2d 537 (1963)

175 Neb. 94

In the Matter of the ESTATE of Ruby Lee SMITH, Deceased. FARMERS CO-OPERATIVE MERCANTILE COMPANY (Non-Stock) of Scribner, Nebraska, a Corporation, Appellant, v. A. C. SIDNER, Administrator with the Will Annexed of the Estate of Ruby Lee Smith, Deceased, Appellee.

Supreme Court of Nebraska.

March 22, 1963.

Attorney(s) appearing for the Case

Spear, Lamme & Simmons, Fremont, for appellant.

Sidner, Lee, Gunderson & Svoboda, Fremont, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

YEAGER, Justice.

On March 5, 1961, Ruby Lee Smith, a resident of Fremont, Dodge County, Nebraska, died as the result of a collision in Douglas County, Nebraska, between an automobile operated by her and a motor vehicle owned by Farmers Co-operative Mercantile Company of Scribner, Nebraska, a corporation, designated as plaintiff and appellant, and operated by an employee of the plaintiff. A. C. Sidner, designated herein as defendant and appellee, was duly appointed...

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