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MILLARD v. HYPLAINS DRESSED BEEF, INC.

Nos. 89-095, 89-096.

468 N.W.2d 124 (1991)

237 Neb. 907

Phyllis MILLARD, Personal Representative of the Estate of Edmund M. Millard, Deceased, Appellee and Cross-Appellant, v. HYPLAINS DRESSED BEEF, INC., a Kansas Corporation, et al., Appellants and Cross-Appellees. Richard H. WATERS III, Personal Representative of the Estate of Richard H. Waters, Jr., Deceased, Appellee and Cross-Appellant, v. HYPLAINS DRESSED BEEF, INC., a Kansas Corporation, et al., Appellants and Cross-Appellees.

Supreme Court of Nebraska.

April 19, 1991.

Attorney(s) appearing for the Case

William G. Line, of Kerrigan, Line & Martin, Fremont, for appellants and cross-appellees.

David A. Domina, of Domina, Gerrard, Copple & Stratton, P.C., Norfolk, for appellees and cross-appellants.

HASTINGS, C.J., WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.

WHITE, Justice.

In this appeal we are presented with the question of sanctions against an attorney and in the cross-appeal with the grants of summary judgments. The defense counsel in wrongful death actions has appealed the denial of attorney fees and costs, asserting that the wrongful death claims were frivolous and that plaintiffs' counsel should be ordered to pay appellants' attorney fees and court costs as provided in Neb.Rev. Stat. § 25-824(2) (Reissue 1989...

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