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FRISCH v. SVOBODA

No. 36691.

157 N.W.2d 774 (1968)

182 Neb. 825

Terry Gene FRISCH, a Minor, Marvin C. Frisch and Donna B. Frisch, his parents and Next Friends, Appellants, Cross-Appellees, v. Frank SVOBODA and Charles Shane, Appellees, Cross-Appellant.

Supreme Court of Nebraska.

March 29, 1968.

Attorney(s) appearing for the Case

Paul L. Kubitschek, Ord, Tedd Huston, Broken Bow, for appellants.

Jewell & Otte, Norfolk, William W. Griffin, O'Neill, for appellees.

Heard before WHITE, C. J., and CARTER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.

BOSLAUGH, Justice.

This is an action for damages by Terry Gene Frisch against Frank Svoboda and Charles Shane. The plaintiff was injured while filling a tank truck with liquid fertilizer.

The amended petition alleged that the defendants were engaged in a joint business adventure or that the plaintiff was employed by both defendants. The defendant Shane moved for a summary judgment in his favor, alleging that there was no genuine issue of material fact because...

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