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KRASKI v. BANWELL

No. 41632.

265 N.W.2d 458 (1978)

200 Neb. 812

Alfred E. KRASKI and Rita M. Kraski, aka Rita M. Krajewski, Appellees, v. David BANWELL, Daniel Bergmeyer and Edward Albert, dba Badco, Inc., Appellants.

Supreme Court of Nebraska.

May 10, 1978.

Attorney(s) appearing for the Case

Ronald Rosenberg, Lincoln, for appellants.

Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Scottsbluff, David T. Schroeder, of Padley & Duden, Ogallala, for appellees.

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

For prior opinion see 200 Neb. 279, 263 N.W.2d 458.

SUPPLEMENTAL OPINION.

C. THOMAS WHITE, Justice.

The last full paragraph of the opinion at page 282 [200 Neb. 279, 263 N.W.2d 458 at page 460] is withdrawn and the following is added:

The granting of a partial summary judgment to the appellees was erroneous...

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