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COVER v. SCOTT

No. 37203.

169 N.W.2d 435 (1969)

184 Neb. 585

Noel COVER, Appellee, v. Ralph K. SCOTT and Ralph K. Scott, d/b/a Platte Valley Potato Company, Appellants, and Shirley C. Scott and Valley Produce Co., Interveners-Appellants.

Supreme Court of Nebraska.

July 18, 1969.

Attorney(s) appearing for the Case

Atkins, Ferguson & Nichols, L. M. Hahn, Scottsbluff, for appellants.

Wright, Simmons & Hancock, Larry D. Hall, Scottsbluff, for appellee.

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

WHITE, Chief Justice.

This case comes here on motion for summary judgment and the question involved is whether a genuine issue of fact exists requiring a trial on the merits. The district court, based upon the pleadings and the affidavits filed, sustained plaintiff's motion for summary judgment and dismissed the action. We reverse the judgment of the district court.

Plaintiff Noel Cover recovered a personal judgment...

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