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HOW v. MARS

No. S-92-443.

513 N.W.2d 511 (1994)

245 Neb. 420

Willa HOW and Joseph W. Brott, Appellants and Cross-Appellees, v. Paul A. MARS et al., Appellees and Cross-Appellants.

Supreme Court of Nebraska.

March 25, 1994.

Attorney(s) appearing for the Case

Martin J. Kushner, of Kushner Law Office, Lincoln, for appellants.

E. Michael Slattery, of Reinsch & Slattery, P.C., Plattsmouth, for appellees.

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

FAHRNBRUCH, Justice.

Two Beaver Lake Subdivision, Cass County property owners (plaintiffs) appeal the denial of their requests for declaratory relief and the denial of certification to proceed as a class action in their lawsuit against the Beaver Lake Association and its directors. We affirm.

STANDARD OF REVIEW

The relief requested by the plaintiffs in their fourth amended petition is equitable in nature. In reviewing an equity action for a declaratory...

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