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IMIG v. MARCH

No. 41941.

279 N.W.2d 382 (1979)

203 Neb. 537

Ervin E. IMIG, Personal Representative of the Estate of Lois B. Schaap, Deceased, Appellant, v. William MARCH, Personal Representative of the Estate of Otto F. Schaap, Deceased, Appellee.

Supreme Court of Nebraska.

May 29, 1979.

Attorney(s) appearing for the Case

M. J. Bruckner and Gary J. Nedved of Marti, Dalton, Bruckner, O'Gara & Keating, Lincoln, for appellant.

Patrick H. McDonnell, Omaha, for appellee.

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

HASTINGS, Justice.

This is a wrongful death action brought by the personal representative of a deceased wife against the personal representative of her deceased husband. Lois B. Schaap was the only other passenger in an airplane piloted by Otto F. Schaap, and the petition alleged that his acts of negligence and gross negligence were the proximate cause of the crash which occurred on February 26, 1977, resulting in these deaths. Defendant filed a demurrer questioning...

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