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LUMBARD v. WESTERN FIRE INS. CO., FORT SCOTT

No. 84-801.

381 N.W.2d 117 (1986)

221 Neb. 804

Carl W. LUMBARD, Doing Business As Lumbard-Leschinsky, Appellee, v. The WESTERN FIRE INSURANCE COMPANY, FORT SCOTT, KANSAS, A Corporation, Appellant.

Supreme Court of Nebraska.

February 7, 1986.

Attorney(s) appearing for the Case

Kenneth H. Elson, Grand Island, for appellant.

Earl D. Ahlschwede, of Ahlschwede, DeBacker & Truell, Grand Island, for appellee.

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

CAPORALE, Justice.

The plaintiff, Carl W. Lumbard, a merchant doing business as Lumbard-Leschinsky, seeks to recover the value of certain merchandise removed from his premises under a policy of burglary insurance issued by defendant, The Western Fire Insurance Company, Fort Scott, Kansas, a corporation. Western appeals from the summary judgment entered in favor of Lumbard on the grounds that the district court erred (1) in determining that the policy's definition...

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