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BISHOP BUFFETS, INC. v. WESTROADS, INC.

No. 41685.

274 N.W.2d 530 (1979)

202 Neb. 171

BISHOP BUFFETS, INC., Appellant and Cross-Appellee, v. WESTROADS, INC., Appellee and Cross-Appellant.

Supreme Court of Nebraska.

January 24, 1979.

Attorney(s) appearing for the Case

Leo Eisenstatt and J. Patrick Green, of Eisenstatt, Higgins, Kinnamon, Okun & Stern, P. C., Omaha, for appellant.

John K. Boyer and Denzel R. Busick, of Fraser, Stryker, Veach, Vaughn, Meusey, Olson & Boyer, P. C., Omaha, for appellee.

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

C. THOMAS WHITE, Justice.

Plaintiff below and appellant in this court, Bishop Buffets, Inc., filed suit against Westroads, Inc., in the form of a declaratory judgment action to construe four separate clauses of the lease between appellee Westroads, Inc. as lessor and Bishop Buffets, Inc., as lessee of a building and grounds for the operation of a cafeteria at the Westroads Shopping Center in Omaha, Douglas County, Nebraska. During trial, the parties reached a settlement...

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