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KROHN v. GARDNER

No. S-94-148.

533 N.W.2d 95 (1995)

248 Neb. 210

Elvin D. KROHN and Phyllis J. Krohn, Appellants, v. Randy R. GARDNER, Appellee, and Farm Bureau Insurance Company of Nebraska, Garnishee-Appellee.

Supreme Court of Nebraska.

June 9, 1995.

Attorney(s) appearing for the Case

Terry K. Gutierrez, of Schmid, Mooney & Frederick, P.C., Omaha, for appellants.

John W. Iliff, of Gross & Welch, P.C., Omaha, for garnishee-appellee.

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

WHITE, Chief Justice.

Elvin D. and Phyllis J. Krohn appeal from an order of the district court sustaining Farm Bureau Insurance Company of Nebraska's motion for summary judgment. The Krohns' garnishment proceedings in aid of execution against Farm Bureau were dismissed on the basis that the Krohns were not the real parties in interest.

The Krohns and Randy R. Gardner were involved in an automobile accident in October 1983. The Krohns obtained judgments against...

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