KORT v. WESTERN SUR. CO.

No. 82-1299.

705 F.2d 278 (1983)

Eugene KORT, et al., Plaintiffs, v. WESTERN SURETY COMPANY, A Corporation, Defendant and Third-Party Plaintiff, Appellant, v. Elmer W. CHRISTENSEN and Lydia M. Christensen and Donald L. Classen and Eloise M. Classen, Third-Party Defendants, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1983.


Attorney(s) appearing for the Case

William L. Walker, Walker & Ludlam, Lincoln, Neb., for appellant.

Kenneth F. George, State & Yeagley, Kearney, Neb., for Donald L. Classen and Eloise M. Classen.

Luebs, Dowding, Beltzer, Leininger & Smith, Grand Island, Neb., for appellees Elmer W. Christensen and Lydia M. Christensen.

Before BRIGHT and McMILLIAN, Circuit Judges, and HARRIS, Senior District Judge.


OREN HARRIS, Senior District Judge.

This case is before the court on appeal from a denial of the motion by appellant, Western Surety Company (Western Surety), for a new trial or in the alternative judgment notwithstanding the verdict by the United States District Court for the District of Nebraska.1 This appeal involves questions of supersession and interpretation of contracts as applicable to Nebraska law.

The appellees, Elmer...

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