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JONES v. JOHNSON

No. 43138.

300 N.W.2d 816 (1981)

207 Neb. 706

Iva JONES v. Cecil JOHNSON, Appellant, v. Gretchen Swanson PULLEN, Appellee.

Supreme Court of Nebraska.

January 16, 1981.

Attorney(s) appearing for the Case

Virgil J. Haggart, Jr. and Jonathan R. Breuning of Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, for appellant.

T. Geoffrey Lieben of Fitzgerald, Brown, Leahy, Strom, Schorr and Barmettler, Omaha, for appellee.

Heard before KRIVOSHA, C. J., BOLAUGH, McCOWN, BRODKEY and WHITE, JJ., and MORAN, District Judge.

BOSLAUGH, Justice.

This is an appeal from an order sustaining the demurrer filed by the third-party defendant to the second amended third-party complaint of the defendant and dismissing the complaint.

The action arises out of a controversy concerning the "Iva and Bill Jones Trust Fund" established by Gilbert C. Swanson on October 15, 1964. The trust indenture provided for the transfer of 3,000 shares of common stock of the Campbell Soup Company to the defendant...

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