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WOODMEN OF WORLD LIFE INS. SOC. v. KIGHT

No. S-93-089.

522 N.W.2d 155 (1994)

246 Neb. 619

WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY, Appellee, v. C. Frank KIGHT, also known as Clayton Frank Kight, Appellant.

Supreme Court of Nebraska.

September 30, 1994.

Attorney(s) appearing for the Case

James B. McVay, of Stern, Swanson, Sleder & McVay, for appellant.

Kirk S. Blecha and Carol C. Knoepfler, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, for appellee.

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

BOSLAUGH, Justice, Retired.

This appeal arises from an action filed by the plaintiff, Woodmen of the World Life Insurance Society, for declaratory judgment on a contract between the plaintiff and the defendant, C. Frank Kight, also known as Clayton Frank Kight, an Alabama resident. The defendant filed a motion to dismiss pursuant to Neb.Rev.Stat. § 25-538 (Reissue 1989), which authorizes a court to stay or dismiss an action in whole or in part on any conditions...

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