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AETNA CAS. & SUR. CO. v. NIELSEN

No. 83-220.

348 N.W.2d 851 (1984)

217 Neb. 297

AETNA CASUALTY & SURETY COMPANY, a corporation, Appellee and Cross-appellant, v. Don NIELSEN and Velma Nielsen, Appellants and Cross-appellees.

Supreme Court of Nebraska.

May 11, 1984.

Attorney(s) appearing for the Case

James P. Fitzgerald of McGrath, North, O'Malley & Kratz, P.C., Omaha, for appellants and cross-appellees.

Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellee and cross-appellant.

BOSLAUGH, HASTINGS, and GRANT, JJ., BRODKEY, J., Retired, and RIST, District Judge.

RIST, District Judge.

This is an action by appellee, Aetna Casualty & Surety Company (Aetna), against appellants, Don and Velma Nielsen (Nielsens), upon a guaranty allegedly given by appellants to guarantee a sale contract and promissory note from Lincoln Skyrise, Inc. (Skyrise), to International Hotel Supply Corporation (IHSC). Aetna's action is based upon an assignment from IHSC. Following trial, a jury returned verdicts against both appellants in the amount...

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