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MORFELD v. BERNSTRAUCH

No. 82-619.

343 N.W.2d 880 (1984)

216 Neb. 234

Debora MORFELD and James Williams, Appellees, v. Henry BERNSTRAUCH, doing business as Bernstrauch Wrecker Service, Appellant.

Supreme Court of Nebraska.

January 20, 1984.

Attorney(s) appearing for the Case

Brogan & Stafford, P.C., Norfolk, for appellant.

Richard L. Spittler, Norfolk, for appellees.

Paul L. Douglas, Atty. Gen., and Patrick T. O'Brien, Asst. Atty. Gen., Lincoln, for amicus curiae State.

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

GRANT, Justice.

This is an action in replevin brought by plaintiffs, Debora Morfeld and James Williams (daughter and father and the legal owners of a 1968 Pontiac automobile), against defendant, Henry Bernstrauch, doing business as Bernstrauch Wrecker Service (the owner and operator of a towing service).

At the pretrial conference the parties waived their right to jury trial and the case was tried to the court. In that event, the findings of the trial court...

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