AMERICAN COMMUNITY STORES v. NEWMAN

No. 87-540.

441 N.W.2d 154 (1989)

232 Neb. 434

AMERICAN COMMUNITY STORES CORPORATION, a Texas Corporation, et al., Appellees, v. M.J. NEWMAN, Trustee, et al., Appellants.

Supreme Court of Nebraska.

June 9, 1989.


Attorney(s) appearing for the Case

Richard S. McMillin of Marks & Clare, Omaha, for appellants.

Theodore J. Stouffer and Kurt F. Tjaden of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellees.

HASTINGS, C.J., WHITE, SHANAHAN and FAHRNBRUCH, JJ., and McGINN, District Judge.


HASTINGS, Chief Justice.

This appeal involves three cases consolidated for trial, briefing, and argument. Plaintiffs, tenants under three separate leases for buildings housing grocery stores, filed petitions for declaratory judgments against the defendants, trustees for the landlords of those various premises. Plaintiffs sought a determination as to whether they violated the terms of the individual store leases which prohibit assignment of the leases without the prior...

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