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SIM v. COMISKEY

No. 83-324.

341 N.W.2d 611 (1983)

216 Neb. 83

Maude Clevenger SIM, Appellant, v. Opal C. COMISKEY and Edith R. Wright, Appellees.

Supreme Court of Nebraska.

December 23, 1983.

Attorney(s) appearing for the Case

William L. Walker of Walker & Ludlam, Lincoln, and Harvey A. Neumeister and Kent J. Neumeister, Nebraska City, for appellant.

Hoch & Steinheider, Nebraska City, for appellees.

Paul L. Douglas, Atty. Gen., and Frank J. Hutfless, Asst. Atty. Gen., Lincoln, for State.

KRIVOSHA, C.J., and BOSLAUGH,WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

This is an appeal from an order of the district court dismissing plaintiff-appellant's petition for declaratory judgment on the ground that at the time of its filing there was pending in the county court a proceeding involving the same parties and issues. We affirm.

The record establishes that sometime prior to September 3, 1982, the defendants-appellees, Opal C. Comiskey and Edith R. Wright, filed a...

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