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DOCKENDORF v. ORNER

No. 42579.

293 N.W.2d 395 (1980)

206 Neb. 456

Dale DOCKENDORF, doing business as Corsica Livestock Sales Co., Appellant, v. LaVoy ORNER et al., Appellees.

Supreme Court of Nebraska.

June 17, 1980.

Attorney(s) appearing for the Case

Kneifl, Kneifl & Forrest, Omaha, for appellant.

Knudsen, Berkheimer, Beam, Richardson & Endacott, Lincoln, for appellee U. S. F. & G.

Heard before KRIVOSHA, C. J., BRODKEY and WHITE, JJ., and RONIN and GARDEN, District Judges.

GARDEN, District Judge.

This is an appeal from an order of the district Court for Lancaster County, Nebraska, sustaining a motion for summary judgment filed by the defendant United States Fidelity & Guaranty Company (U.S. F.&G.) to plaintiff's third amended petition to recover on a surety bond.

Plaintiff's petition sets forth two causes of action, the first sounding in contract for the unpaid purchase price...

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