SCARPELLO v. CONTINENTAL ASSURANCE COMPANY

No. 37897.

191 N.W.2d 444 (1971)

187 Neb. 395

Frank E. SCARPELLO, Jr., et al., Appellees, v. CONTINENTAL ASSURANCE COMPANY, a Corporation, Appellee Impleaded with Josephine Scarpello, Appellant.

Supreme Court of Nebraska.

November 5, 1971.


Attorney(s) appearing for the Case

James R. Welsh, Omaha, for appellant.

Richard L. Edgerton, John J. Respeliers, Thomas D. Carey, Richard R. Morrison, Jr., Omaha, for Scarpello, Jr.

John R. Barton, Omaha, for Continental Assur. Co.

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


CLINTON, Justice.

This is an action for a declaratory judgment which was decided in favor of the plaintiffs on their motion for summary judgment. The defendant appeals. There is in this case no bill of exceptions showing the evidence in the summary judgment hearing. The bill of exceptions was quashed by prior order of this court.

The case involves the adverse claims of the plaintiffs, minor children of Frank Scarpello, deceased, and the defendant, Josephine...

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