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KENYON v. LARSEN

No. 42529.

286 N.W.2d 759 (1980)

205 Neb. 209

Michael G. KENYON, Appellee, v. Stephen K. LARSEN, Third-Party Plaintiff, Appellee, v. Walt DEYLE, doing business as Walt Deyle Agency, Third-Party Defendant, Appellant.

Supreme Court of Nebraska.

January 3, 1980.

Attorney(s) appearing for the Case

Wagoner & Wagoner, Grand Island, for appellant.

Donald J. Loftus, P. C., Kearney, for appellee Kenyon.

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

BOSLAUGH, Justice.

This action was commenced in 1975 by the plaintiff, Michael G. Kenyon, to recover the damages he sustained on June 16, 1971, in a collision between a motorcycle on which he was a passenger and a 1966 Chevrolet automobile owned and operated by the defendant, Stephen K. Larsen. In 1976 the defendant filed a third-party petition against Walt Deyle, alleging that the thirdparty defendant Deyle had breached an oral agreement to obtain automobile liability...

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