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PORTER v. SMITH

No. S-89-685.

486 N.W.2d 846 (1992)

240 Neb. 928

Leland PORTER, Individually and as Trustee for Nicole Lynn Porter, Kristine Lee Porter, and Cynthia Ann Porter, Appellant, v. Robert D. SMITH and Sandra E. Smith, Husband and Wife, Appellees.

Supreme Court of Nebraska.

June 26, 1992.

Attorney(s) appearing for the Case

Paul E. Hofmeister, Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., for appellant.

Robert B. Reynolds and J.A. Lane, McGinley, Lane, Mueller, O'Donnell & Williams, P.C., for appellees.

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

HASTINGS, Chief Justice.

This case involves the election of remedies. The plaintiff, Leland Porter, individually and as trustee for his children, Nicole Lynn Porter, Kristine Lee Porter, and Cynthia Ann Porter, appeals from an order of the district court which dismissed his petition seeking a deficiency judgment. This action followed the foreclosure of a land contract against the defendants, Robert D. and Sandra E. Smith. The plaintiff assigns as error generally that...

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