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SCHMODE'S, INC. v. WILKINSON

No. 83-762.

361 N.W.2d 557 (1985)

219 Neb. 209

SCHMODE'S, INC., a Nebraska Corporation, Appellee, v. Ronald R. WILKINSON and Mary Wilkinson, a Copartnership, Doing Business As M & R Trucking, Appellants.

Supreme Court of Nebraska.

February 8, 1985.

Attorney(s) appearing for the Case

Thomas H. DeLay of Mueting, DeLay & Stoffer, Norfolk, for appellants.

Michael T. Brogan of Brogan & Stafford, P.C., Norfolk, for appellee.

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

CAPORALE, Justice.

Defendants-appellants, Mary and Ronald Wilkinson, doing business as M & R Trucking, challenge the deficiency judgment entered against them, jointly and severally, under Neb. U.C.C. art. 9 (Reissue 1980), in favor of the plaintiff-appellee, Schmode's, Inc., a Nebraska corporation. Among the Wilkinsons' assignments of error is the failure of the trial court to find that Schmode's elected to retain the collateral in satisfaction of the Wilkinsons...

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