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DURAND v. WESTERN SUR. CO.

No. S-92-1028.

514 N.W.2d 840 (1994)

245 Neb. 649

Gary DURAND, Appellant, v. WESTERN SURETY COMPANY, Appellee.

Supreme Court of Nebraska.

April 15, 1994.

Attorney(s) appearing for the Case

John P. Grant and Mary T. Boland Steier, of Cannon, Goodman, O'Brien & Grant, P.C., Omaha, for appellant.

Joseph C. Byam, of Byam & Byam, Omaha, for appellee.

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

BOSLAUGH, Justice.

This is an action by the plaintiff, Gary Durand, against the defendant, Western Surety Company, to recover damages under a motor vehicle dealer's bond furnished by the defendant for Daisy Motors, Inc. The trial court sustained the defendant's demurrer to the plaintiff's amended petition on the ground that the petition did not state facts sufficient to constitute a cause of action. The trial court further found that the plaintiff's petition could...

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