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COOK v. BEERMANN

No. 41634.

276 N.W.2d 84 (1979)

202 Neb. 447

Richard J. COOK et al., Appellees and Cross-Appellants, v. Otto H. BEERMANN, Appellant and Cross-Appellee, Impleaded with Allen L. Heikes, Appellee and Cross-Appellee.

Supreme Court of Nebraska.

Rehearing Denied March 6, 1979.

Attorney(s) appearing for the Case

Pierson, Ackerman, Fitchett & Akin, Lincoln, and Joseph E. Marsh, Dakota City, for appellant and cross-appellee.

Maurice S. Redmond, South Sioux City, and Gleysteen, Harper, Eidsmoe & Heidman, Sioux City, Iowa, for appellees and cross-appellants.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ., and KUNS, Retired District Judge.

PER CURIAM.

Upon motion for rehearing, the opinion previously adopted by this court and appearing at 201 Neb. 675, 271 N.W.2d 459, is modified in the following particulars.

Syllabi 7 and 8 are withdrawn and the syllabus appearing above is substituted.

The following statement is stricken from the opinion because it constitutes mere dicta and appears to decide a matter not at issue...

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