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WHITE MOTOR CREDIT v. SAPP BROS. TRUCK PLAZA

No. 40760.

249 N.W.2d 489 (1977)

197 Neb. 421

WHITE MOTOR CREDIT CORPORATION, a corporation, Appellee, Cross-Appellant, v. SAPP BROS. TRUCK PLAZA, INC., a corporation, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

January 19, 1977.

Attorney(s) appearing for the Case

Crosby, Guenzel, Davis, Kessner & Kuester, Roberta S. Stick, Lincoln, for appellant.

Wayne J. Mark of Fraser, Stryker, Veach, Vaughn & Meusey, P.C., Omaha, for appellee.

Heard before SPENCER, BOSLAUGH, NEWTON and BRODKEY, JJ., and BURKE, District Judge.

SPENCER, Justice.

This is a replevin action to recover possession of a 1972 White Freightliner truck, and for damages. The trial court sustained plaintiff's motion for a directed verdict on the question of the right to possession and ownership of the truck. It sustained defendant's motion to dismiss on the issue of wrongful detention. It found negligence on the part of defendant after assuming custody and control of the truck, and awarded plaintiff damages in the...

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