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GERDES v. KLINDT'S INC.

No. S-93-384.

525 N.W.2d 219 (1995)

247 Neb. 138

Gene GERDES, Appellant, v. KLINDT'S, INC., a Minnesota Corporation, et al., Appellees.

Supreme Court of Nebraska.

January 6, 1995.

Attorney(s) appearing for the Case

John W. DeCamp and Stanford L. Sipple, of DeCamp Legal Services, P.C., Lincoln, for appellant.

George M. Zeilinger, of Zeilinger Law Office, Grant, for appellee Marvin Stumpf.

HASTINGS, C.J., WHITE, CAPORALE, LANPHIER, and WRIGHT, JJ., and HOWARD, District Judge, Retired.

WRIGHT, Justice.

Gene Gerdes obtained a default judgment against Melvin Klindt and Klindt's, Inc. (Klindt), for the value of seed grain allegedly delivered to a third party, Marvin Stumpf. The default judgment was awarded after Klindt issued an insufficient-fund check to pay for the seed grain. Gerdes then attempted to collect on the default judgment by instituting garnishment proceedings against Stumpf. The garnishment was quashed, and a verdict was directed in Stumpf...

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