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HANGMAN v. BRUENING

No. S-93-697.

530 N.W.2d 247 (1995)

247 Neb. 769

Keith D. HANGMAN, Appellant, v. Richard J. BRUENING and Rita J. Bruening, Husband and Wife, et al., Appellees.

Supreme Court of Nebraska.

April 7, 1995.

Attorney(s) appearing for the Case

Thomas A. Fitch, of Fitch Law Office, South Sioux City, for appellant.

Wayne E. Boyd, of Boyd Law Office, P.C., South Sioux City, for appellees Bruening.

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

FAHRNBRUCH, Justice.

Keith D. Hangman's 1992 petition to quiet the title to land over which Richard J. Bruening and Rita J. Bruening have an easement must be dismissed under the doctrine of res judicata, an issue which we raise sua sponte.

We vacate the March 8, 1993, judgment of the district court for Dixon County in favor of the Bruenings and remand the cause to that court with direction to dismiss Hangman's June 2, 1992, petition filed against the Bruenings...

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