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JUNIATA FEEDYARDS v. NUSS

No. 82-627.

342 N.W.2d 1 (1983)

216 Neb. 29

JUNIATA FEEDYARDS, a joint venture of Morrison-Quirk Grain Corporation, a Nebraska corporation, Robert G. Gottsch, and Gottsch Feeding Corporation, Appellee, v. Vic NUSS, Appellant.

Supreme Court of Nebraska.

December 23, 1983.

Attorney(s) appearing for the Case

Jim Zimmerman of Atkins, Ferguson, Zimmerman, Carney & Law, Scottsbluff, for appellant.

Robert G. Pahlke of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Scottsbluff, for appellee.

WHITE and CAPORALE, JJ., BRODKEY, J., Retired, BLUE, District Judge, and COLWELL, District Judge, Retired.

COLWELL, District Judge, Retired.

This is a suit on an agister contract for damages for failure to redeliver cattle to plaintiff, Juniata Feedyards, a joint venture of Morrison-Quirk Grain Corporation, a Nebraska corporation, Robert G. Gottsch, and Gottsch Feeding Corporation. The jury returned a $16,385.85 verdict against defendant, Vic Nuss. Plaintiff's motion for new trial was granted and the verdict was set aside. The trial judge assigned as reasons that the verdict...

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