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ARIZONA MOTOR SPEEDWAY, INC. v. HOPPE

No. S-91-590.

506 N.W.2d 699 (1993)

244 Neb. 316

ARIZONA MOTOR SPEEDWAY, INC., an Arizona Corporation, Appellant, v. Ward F. HOPPE, Trustee, and Donald Chadd, Appellees.

Supreme Court of Nebraska.

October 15, 1993.

Attorney(s) appearing for the Case

Timothy C. Phillips, of Hecht, Sweet, Morrow, Poppe & Otte, P.C., Lincoln, for appellant.

Daniel E. Wherry, of Mattson, Ricketts, Davies, Stewart & Calkins, Lincoln, for appellees.

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

SHANAHAN, Justice.

Arizona Motor Speedway, Inc. (Speedway), brought an action for a declaratory judgment, see Neb.Rev.Stat. § 25-21,149 et seq. (Reissue 1989 & Cum.Supp.1992), and requested an accounting of proceeds obtained from a sale pursuant to the Nebraska Trust Deeds Act, Neb.Rev.Stat. § 76-1001 et seq. (Reissue 1990 & Cum.Supp.1992). The district court for Lancaster County granted Ward F. Hoppe, trustee, summary judgment on the basis that...

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