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LUTHER v. PAWLING

No. 40160.

240 N.W.2d 42 (1976)

195 Neb. 679

Karl J. LUTHER, Administrator of the Estate of Michael E. Luther, Appellant, v. Timothy W. PAWLING, a minor, and Duane F. Pawling, his father, Appellees.

Supreme Court of Nebraska.

April 1, 1976.

Attorney(s) appearing for the Case

Thomas B. Thomsen, Sidner, Svoboda, Schilke, Wiseman & Thomsen, Fremont, for appellant.

C. J. Gatz, Jewell, Otte, Gatz, Collins & Domina, Norfolk, for appellees.

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

WHITE, Chief Justice.

This is an action for the wrongful death of Michael E. Luther, a minor, brought by the decedent's father as administrator of his estate, against Timothy W. Pawling, the driver of the car in which Mike was a passenger, and Duane E. Pawling, the owner of the car and the father of Tim W. Pawling. The District Court sustained the defendants' motion for a summary judgment. We affirm the judgment of the District Court.

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