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SPEIDELL MONUMENTS v. WYUKA CEMETERY

No. S-90-171.

493 N.W.2d 336 (1992)

242 Neb. 134

SPEIDELL MONUMENTS, INC., and W.J. Trump Memorials, Appellants, v. WYUKA CEMETERY et al., Appellees.

Supreme Court of Nebraska.

December 31, 1992.

Attorney(s) appearing for the Case

Dick H. Hartsock, Lincoln, for appellants.

Mark M. Schorr, of Erickson & Sederstrom, P.C., Lincoln, for appellees.

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

GRANT, Justice.

In their fourth amended petition, plaintiffs Speidell Monuments, Inc., and W.J. Trump Memorials, both Nebraska corporations, sought a permanent injunction against defendants Wyuka Cemetery, the trustees of Wyuka Cemetery, Wyuka Memorials, and Giebelhaus Memorials (hereafter collectively referred to as Wyuka). The injunction sought would have enjoined defendants "from continuing the practice of or engaging in the business of the advertising, distributing...

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