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BAILEY v. WILLIAMS

No. 38531.

203 N.W.2d 454 (1973)

189 Neb. 484

Patricia BAILEY, Appellee, v. Ruth WILLIAMS, Appellant.

Supreme Court of Nebraska.

January 12, 1973.

Attorney(s) appearing for the Case

David A. Johnson, Omaha, for appellant.

Martin A. Cannon, Matthews, Kelley, Cannon & Carpenter, Omaha, for appellee.

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

BOSLAUGH, Justice.

This is an appeal in an action for malpractice. At the first trial the jury was unable to agree. The trial court declared a mistrial and ordered a new trial. The defendant appeals from the order overruling her motion for judgment in accordance with her motion for a directed verdict made at the close of the evidence and granting a new trial. Appellate review of such an order is authorized by section 25-1315.03, R.R.S.1943, although no verdict was...

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