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LINCOLN LUMBER CO. v. FOWLER

No. S-93-785.

533 N.W.2d 898 (1995)

248 Neb. 221

LINCOLN LUMBER COMPANY, a Nebraska Corporation, Appellant and Cross-Appellee, v. Kerwin FOWLER and Mavis Fowler, Appellees and Cross-Appellants.

Supreme Court of Nebraska.

June 16, 1995.

Attorney(s) appearing for the Case

Douglas D. DeLair, of DeLair & DeLair, Lincoln, for appellant.

John C. Hahn, of Jeffrey, Hahn & Hemmerling, P.C., Lincoln, for appellees.

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ., and RONIN, District Judge, Retired.

FAHRNBRUCH, Justice.

Plaintiff, Lincoln Lumber Company, a Nebraska corporation, appeals a district court order dismissing its petition seeking $25,905.82 in alleged unpaid interest from the guarantors of Fowler Custom Homes, Inc., Mavis Fowler and Kerwin Fowler.

The district court for Lancaster County dismissed Lincoln Lumber's petition because the court previously held in a case against Mavis Fowler that Lincoln Lumber charged a usurious rate of interest...

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