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PECK v. AUGUSTIN BROS. CO.

No. 42160.

279 N.W.2d 397 (1979)

203 Neb. 574

Ernest J. PECK, Appellee, v. AUGUSTIN BROS. CO., a corporation, Appellant.

Supreme Court of Nebraska.

May 29, 1979.

Attorney(s) appearing for the Case

Paul F. Festersen and Thomas F. Flaherty of Zweiback, Brady, Kasher, Festersen & Pavel, P. C., Omaha, for appellant.

Noyes W. Rogers of Walter, Albert, Leininger & Grant, Columbus, for appellee.

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

BOSLAUGH, Justice.

This is a replevin action initiated on September 29, 1967. On that date, 315 head of cattle were replevined by the plaintiff-seller, Ernest Peck, from the defendant-buyer, Augustin Bros. Co. of Shelby, Nebraska. Subsequent to the replevin, the defendant was adjudicated a bankrupt. The action remained pending on a special appearance filed by the defendant until May 31, 1977. The bankruptcy proceedings were completed on November 30, 1975.

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