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CITY OF HASTINGS v. JERRY SPADY, ETC.

No. 43958.

322 N.W.2d 369 (1982)

212 Neb. 137

CITY OF HASTINGS, Appellee, v. JERRY SPADY PONTIAC-CADILLAC, INC., a corporation, Appellant.

Supreme Court of Nebraska.

July 16, 1982.

Attorney(s) appearing for the Case

Thomas J. Mullen of Whelan, Foote & Scherr, P.C., Hastings, for appellant.

M. J. Bruckner and W. Scott Davis of Marti, Dalton, Bruckner, O'Gara & Keating, P.C., Lincoln, for appellee.

Heard before BOSLAUGH, McCOWN, and CLINTON, JJ., and HAMILTON and CASE, District Judges.

HAMILTON, District Judge.

This is an action brought by the appellee, City of Hastings, in equity to impress a constructive trust upon real property purchased by appellant, Jerry Spady Pontiac-Cadillac, Inc., from the Missouri Improvement Company, a subsidiary of Missouri Pacific Railroad Company. The District Court found generally for the City of Hastings and imposed a constructive trust.

During 1977 and part of 1978 Duane Stromer was city attorney for the...

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