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BARTA v. KINDSCHUH

No. S-92-1018.

518 N.W.2d 98 (1994)

246 Neb. 208

Stanley F. BARTA, Jr., and Dorene Barta, Husband and Wife, Appellees, v. Randy KINDSCHUH and Jeaneen Kindschuh, Husband and Wife, Defendants and Third-Party Plaintiffs, Appellants, and Coldwell Banker Dover Co., a corporation, and Tom Haiar, Third-Party Defendants, Appellees.

Supreme Court of Nebraska.

June 24, 1994.

Attorney(s) appearing for the Case

Thomas B. Donner, West Point, for appellants.

Michael T. Brogan, Brogan & Stafford, P.C., Norfolk, for appellees Coldwell Banker Dover and Tom Haiar.

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

WHITE, Justice.

Appellants, Randy Kindschuh and Jeaneen Kindschuh (sellers), are third-party plaintiffs in an action against appellees Coldwell Banker Dover Co. and its selling agent, Tom Haiar, third-party defendants, for misrepresentation, breach of contract, and breach of fiduciary duties. The district court granted Coldwell and Haiar's motion for summary judgment, and sellers appealed. We affirm.

The following constitutes a summary of the relevant facts...

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