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SAUNDERS v. MITTLIEDER

No. 40159.

237 N.W.2d 838 (1976)

195 Neb. 232

Mary Lou SAUNDERS, Appellee, v. Cindy L. MITTLIEDER and Marvin J. Mittlieder, Appellees, Mutual Service Casualty Insurance Company, Garnishee-Appellant.

Supreme Court of Nebraska.

January 15, 1976.

Attorney(s) appearing for the Case

Emil F. Sodoro, Michael P. Cavel, Omaha, for garnishee-appellant.

Eisenstatt, Higgins, Kinnamon, Okun & Stern, P. C., John C. Brownrigg, Omaha, for appellee.

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

SPENCER, Justice.

In this garnishment action the District Court held Mutual Service Casualty Insurance Company, garnishee-insurer, liable to the plaintiff for $10,000, the liability limit of the defendants Mittlieders' policy. Garnishee appeals. The question presented is whether garnishee had canceled defendants' insurance policy prior to the accident involving the plaintiff and the defendant Cindy Mittlieder. We hold the purported cancellation ineffective and affirm...

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