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SAFECO INS. CO., ETC. v. HUSKER AVIATION. INC.

No. 44013.

317 N.W.2d 745 (1982)

211 Neb. 21

SAFECO INSURANCE COMPANY OF AMERICA, a corporation, Appellee, v. HUSKER AVIATION, INC., a corporation, and Mary Ann Kinney, Personal Representative of the Estate of Max W. Kinney, deceased, Appellants.

Supreme Court of Nebraska.

March 26, 1982.

Attorney(s) appearing for the Case

John R. Timmermier and Michael A. Nelsen of Schmid, Ford, Mooney & Frederick, Omaha, for appellant Kinney.

Frank Matthews of Matthews & Cannon, P. C., Omaha, for appellant Husker.

C. L. Robinson of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellee.

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

KRIVOSHA, Chief Justice.

This is a declaratory judgment action brought by Safeco Insurance Company of America (Safeco) to determine the rights of the parties under two policies issued by it to Husker Aviation, Inc. (Husker), as its insured. The appellant Mary Ann Kinney (Kinney), as personal representative of the estate of Max W. Kinney, deceased, was joined as a necessary party defendant. Both Safeco and Kinney filed motions for summary judgment, and after a hearing...

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