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SCHAAD v. SIMMS

No. S-85-719.

484 N.W.2d 474 (1992)

240 Neb. 758

Dee E. SCHAAD and Kathryn J. Schaad, Appellants, v. David B. SIMMS et al., Appellees.

Supreme Court of Nebraska.

May 29, 1992.

Attorney(s) appearing for the Case

Roger C. Lott, Lincoln, for appellants.

Stephen V. Bartling, of Rehm & Bartling, Lincoln, for appellee Lincoln Bank South.

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

SHANAHAN, Justice.

Dee E. and Kathryn J. Schaad filed a tort action against David B. Simms, D.B.S. Enterprises, Inc., and Lincoln Bank South. When the district court sustained the demurrer of Lincoln Bank South concerning Schaads' amended petition, the court entered the following in its docket notes:

"Plaintiff is given 14 days to file second amended petition or to select to stand on amended petition, in which instance...

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