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EVANS v. EVANS

No. 41069.

260 N.W.2d 188 (1977)

199 Neb. 480

Stewart H. EVANS, Appellant, v. Robert V. EVANS, Jr., and his wife, Drucilla V. Evans, Fredrick S. Evans, and his wife, Jean F. Evans, Donald J. Evans, a single man, Evelyn T. Evans, wife of Stewart H. Evans, Simon Dunn, and Gary Gier, Appellees.

Supreme Court of Nebraska.

November 30, 1977.

Attorney(s) appearing for the Case

Jess C. Nielsen of Crosby & Nielsen, North Platte, for appellant.

Milton C. Murphy of Murphy, Pederson & Piccolo, LeRoy Anderson, and Donald H. Kelley of Kelley & Wallace, North Platte, for appellees.

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

SPENCER, Justice.

This action was originally commenced as one in partition. Partition in kind was confirmed. Subsequently, a petition for damages, cross-petitions, and a petition for an injunction were filed. These were tried in 11 different sessions, over a 2-year period. Plaintiff appeals from orders of the trial court dividing the attorneys' fees on partition; denying several of his claims for damages; and allowing damages to the defendants-appellees on their cross...

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