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INSURANCE CO. OF NORTH AMERICA v. HAWKINS

No. 40583.

246 N.W.2d 878 (1976)

197 Neb. 126

INSURANCE COMPANY OF NORTH AMERICA, a corporation, Appellee, v. Earl G. HAWKINS and Kenneth J. Hawkins, Appellants.

Supreme Court of Nebraska.

November 24, 1976.

Attorney(s) appearing for the Case

Thomas J. Monaghan, Law Offices of Malcolm D. Young, Omaha, for appellants.

Theodore J. Stouffer, Cassem, Tierney, Adams & Gotch, Omaha, for appellee.

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

McCOWN, Justice.

This is an action by the plaintiff, Insurance Company of North America, against the defendants, Earl G. Hawkins and Kenneth J. Hawkins, to recover damages for breach of a written indemnity agreement. The District Court entered judgment for the plaintiff in the sum of $8,016.18 and costs, and the defendants have appealed.

The essential facts are not in dispute. This case, however, is interwoven with prior litigation involving the same or related...

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