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BESHALER v. HELBERG

No. 37982.

193 N.W.2d 261 (1971)

187 Neb. 584

Charles BESHALER, Appellee, Cross-Appellant, v. Ben J. HELBERG and Glen Helberg, d/b/a Western Livestock Auction Company et al., Appellants, Cross-Appellees.

Supreme Court of Nebraska.

December 23, 1971.

Attorney(s) appearing for the Case

Maupin, Dent, Kay, Satterfield, Girard & Scritsmier, North Platte, for appellant.

Beatty, Morgan & Vyhnalek, North Platte, for appellees.

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

SPENCER, Justice.

This is an action by Charles Beshaler against Ben J. Helberg and Glen Helberg, and National Surety Corporation of New York, their bonding company, on the bond required under the Packers and Stockyards Act of 1921, for the balance due on the sale of 238 steers which sold for $31,911.36. Defendants Helberg withheld $19,500 from the proceeds, contending this amount had been loaned to Paul Geiser, an alleged partner of Beshaler, for feed and transportation...

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