HOLMES v. CIRCO

No. 40442.

244 N.W.2d 65 (1976)

196 Neb. 496

Kimberly HOLMES, by her father and next friend, Milo C. Holmes, Appellant, v. Louis S. CIRCO, d/b/a Circo's Bar, and Theresa Ann Jones, Appellees.

Supreme Court of Nebraska.

July 14, 1976.


Attorney(s) appearing for the Case

Warren C. Schrempp, Richard E. Shugrue of Schrempp, Dinsmore & McQuade, Omaha, for appellant.

Gross, Welch, Vinardi, Kauffman & Day, Omaha, for appellees.

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


BRODKEY, Justice.

Kimberly Holmes, the plaintiff below, appeals from orders entered by the District Court sustaining defendants' motions to strike certain portions of her petition, and to dismiss the petition because of her failure to amend or plead further within the 10-day period granted to her by the court. The reason for the dismissal, as stated in the order of the court, was that the petition failed to state a cause of action. We affirm.

Plaintiff had...

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