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DeCOSTA SPORTING GOODS, INC. v. KIRKLAND

No. 81-625.

316 N.W.2d 772 (1982)

210 Neb. 815

DeCOSTA SPORTING GOODS, INC., Appellee, v. Maryjohn KIRKLAND and John C. Kirkland, Appellants.

Supreme Court of Nebraska.

March 12, 1982.

Attorney(s) appearing for the Case

Roger R. Holthaus and James L. Rold, Omaha, for appellants.

William M. Homan & Associates, Omaha, for appellee.

Submitted without oral argument.

Before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

PER CURIAM.

The plaintiff, DeCosta Sporting Goods, Inc., filed an action in the municipal court of Omaha seeking a money judgment against the defendants Kirkland, John C. and his daughter Maryjohn. Without filing an answer, the defendants Kirkland filed a motion for summary judgment which raised the issue of former litigation between John C. Kirkland and DeCosta as a bar to this action. The municipal court sustained the motion and entered summary judgment dismissing...

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