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NABER v. CITY OF HUMBOLDT

No. 40612.

249 N.W.2d 726 (1977)

197 Neb. 433

Rosella NABER, Administratrix of the Estate of Glen Naber, Deceased, Appellant, v. The CITY OF HUMBOLDT, Nebraska, a Municipal Corporation, Appellee.

Supreme Court of Nebraska.

January 26, 1977.

Attorney(s) appearing for the Case

C. L. Robinson of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, Donald E. Benton, Independence, Mo., for appellant.

M. J. Bruckner and Richard D. Sievers of Marti, Dalton, Bruckner, O'Gara & Keating, Lincoln, for appellee.

Heard before SPENCER, McCOWN and NEWTON, JJ., and CANIGLIA and COADY, District Judges.

COADY, District Judge.

This tragedy includes a cast of 3 lifeguards and, at least, 60 persons of minor age. The Humboldt municipal swimming pool opened on Sunday. On the following Friday, June 1, 1973, the pool opened at 1 o'clock, p. m., and approximately 98 children entered the pool in the next 2½ hours according to the pool records. Among the children attending were Glen Naber, age 10, his younger brother and two younger sisters. They were attending for the...

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