DAVCO RLTY. CO. v. PICNIC FOODS, INC.

No. 40836.

252 N.W.2d 142 (1977)

198 Neb. 193

DAVCO REALTY COMPANY, a Minnesota Partnership, Appellant, v. PICNIC FOODS, INC., a Nebraska Corporation, et al., Appellees.

Supreme Court of Nebraska.

April 6, 1977.


Attorney(s) appearing for the Case

J. Patrick Green and John C. Brownrigg, Eisenstatt, Higgins, Kinnamon, Okun & Stern, P. C., Omaha, for appellant.

Michael G. Helms, Schmid, Ford, Mooney, Frederick & Caporale, Omaha, for appellees.

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


PAUL W. WHITE, Chief Justice.

This is an appeal from an action brought by the plaintiff, Davco Realty Company (hereinafter referred to as "Davco"), seeking to have a constructive trust imposed upon the assets of the defendant, Picnic Foods, Inc., (hereinafter referred to as "Picnic"), to the extent necessary to satisfy its claim of damages.

Initially, we note that, while this action is equitable in form in that the relief sought is the imposition of a constructive...

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