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EGGERLING v. CUHEL

No. 40490.

246 N.W.2d 199 (1976)

196 Neb. 745

Robert L. EGGERLING and Judith A. Eggerling, husband and wife, Appellants, v. Otto CUHEL et al., Appellees.

Supreme Court of Nebraska.

October 20, 1976.

Attorney(s) appearing for the Case

George H. Moyer, Jr., Moyer, Moyer & Egley, Madison, William E. Naviaux, Corrigan, Naviaux, Kinney & Titus, Omaha, for appellants.

Kirby, Duggan & McConnell, Norfolk, John M. Thor, of Grady, Caskey & Thor, Wisner, Deutsch, Jewell, Otte, Gatz, Collins & Domina, Norfolk, for appellees.

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

McCOWN, Justice.

This is an action to recover a payment made to a real estate broker by a buyer in connection with a real estate purchase and sale contract. The plaintiff buyer sought to recover against three defendants, the sellers, the real estate broker, and the real estate salesman. The broker and the salesman filed motions for summary judgment. The District Court granted the motions for summary judgment and dismissed the action against the broker and the salesman...

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