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SWARIZBAUGH v. DIVERSIFIED HEALTH SERVICES OF NEBRASKA, INC.

No. 88-186.

450 N.W.2d 660 (1990)

234 Neb. 256.

Larry SWARTZBAUGH, Appellant, v. DIVERSIFIED HEALTH SERVICES OF NEBRASKA, INC., Appellee.

Supreme Court of Nebraska.

January 26, 1990.

Attorney(s) appearing for the Case

Dean F. Suing and David A. Castello, of Katskee & Henatsch, Omaha, for appellant.

John P. Fahey, of Broom, Johnson, Fahey & Clarkson, Omaha, for appellee.

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

PER CURIAM.

Having considered the record, briefs, and recommendation of the Appellate Division of the District Court, we reverse the judgment of the district court because of an erroneous finding of fact and conclusion of law, and we remand the cause with directions to sustain plaintiff's motion for partial summary 57Judgment and for further proceedings to determine the amount of the renewal commissions due.

Reversed and remanded with...

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