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HOGAN v. PELTON

No. 44166.

315 N.W.2d 644 (1982)

210 Neb. 530

Michael J. HOGAN and Mike Hogan Realty Company, Inc., Appellee, v. Bill N. PELTON, Third-Party Plaintiff, Appellant, v. SUN OIL COMPANY OF PENNSYLVANIA, Third-Party Defendant, Appellee.

Supreme Court of Nebraska.

February 5, 1982.

Attorney(s) appearing for the Case

John DiMari of Respeliers & DiMari and John A. Rickerson of Rickerson & Welch, Omaha, for appellant.

Warren S. Zweiback and Robert M. Soshnik of Zweiback, Kasher, Flaherty & DeWitt, P. C., Omaha, for appellee Hogan.

Submitted without oral argument.

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

PER CURIAM.

This is an action originating in the District Court for Sarpy County for a declaratory judgment to determine the rights of the parties under a "Station Site Lease." The plaintiff (hereinafter referred to as Hogan) is the owner of the fee title to the land on which the automobile service station is erected. The third party defendant, Sun Oil Company of Pennsylvania, is the original lessee. The defendant Pelton is Sun's assignee. The issue in this case is...

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