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MID-AMERICA DAIRY., INC. v. NEWMAN GROVE C. C. CO., INC.

No. 39020.

214 N.W.2d 18 (1974)

191 Neb. 74

MID-AMERICA DAIRYMEN, INC., Appellant, v. NEWMAN GROVE COOPERATIVE CREAMERY COMPANY, INC., Appellee.

Supreme Court of Nebraska.

January 11, 1974.

Attorney(s) appearing for the Case

Richard E. Mueting, Norfolk, for appellant.

Jewell, Otte, Gatz, Magnuson & Collins, Norfolk, for appellee.

Heard before SPENCER, SMITH, and CLINTON, JJ., and BRODKEY and HASTINGS, District Judges.

BRODKEY, District Judge.

This is a case of first impression in Nebraska, and involves an interpretation of the Nebraska Uniform Commercial Code. In this case, the plaintiff seeks to recover possession of a certain milk tank covered by a chattel mortgage as security for the payment of a promissory note. The case was tried to the court upon facts stipulated by the parties to this action, no evidence being received, other than certain documentary evidence introduced...

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