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PETERSON v. PETERSON

No. 87-155.

432 N.W.2d 231 (1988)

230 Neb. 479

Vernon E. PETERSON, Appellant and Cross-Appellee, v. Donald PETERSON, Individually and as Personal Representative of the Estate of Herman E. Petersen, Deceased, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

December 2, 1988.

Attorney(s) appearing for the Case

Kent F. Jacobs, of Blevens & Jacobs, Seward, for appellant and cross-appellee.

Daniel F. Kaplan, and, on brief, Earl J. Witthoff, of Perry, Perry, Witthoff, Guthery, Haase & Gessford, P.C., Lincoln, for appellee and cross-appellant.

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

CAPORALE, Justice.

Plaintiff-appellant, Vernon E. Peterson, claims his brother, defendant-appellee, Donald Peterson, exercised undue influence upon their now-dead uncle, Herman E. Petersen, as the consequence of which the uncle caused the title to certain certificates of deposit to be changed to plaintiff's detriment. The district court dismissed plaintiff's petition, and plaintiff appeals, assigning as error the district...

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