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FULK v. McLELLAN

No. S-90-1205.

498 N.W.2d 90 (1993)

243 Neb. 143

Lester FULK, Appellant, v. John McLELLAN, Appellee.

Supreme Court of Nebraska.

April 2, 1993.

Attorney(s) appearing for the Case

Frederick B. Allan, Jr., of Bauer, Galter, O'Brien & Allan, Lincoln, for appellant.

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

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

WHITE, Justice.

Plaintiff-appellant, Lester Fulk, commenced an action against defendant-appellee, John McLellan, alleging that Fulk was damaged because of McLellan's negligence and misrepresentations. The district court sustained McLellan's demurrer to Fulk's second amended petition and dismissed the actions. Fulk appeals.

In reviewing an order sustaining a demurrer, an appellate court accepts the truth of all facts well pled, as well as the factual and legal...

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