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I.P. HOMEOWNERS, INC. v. RADTKE

No. A-95-1095.

558 N.W.2d 582 (1997)

5 Neb. App. 271

I.P. HOMEOWNERS, INC., a Nebraska corporation, Appellee and Cross-Appellant, v. Harold RADTKE and Juanita Radtke, Appellants and Cross-Appellees.

Court of Appeals of Nebraska.

January 7, 1997.

Attorney(s) appearing for the Case

Thomas F. Hoarty, Jr., and Christopher R. Hedican, of McGowan & Hoarty, Omaha, for appellants.

Michael F. Pistillo and Thomas G. Incontro, of Pistillo & Pistillo, P.C., Omaha, for appellee.

MILLER-LERMAN, C.J., and HANNON and MUES, JJ.

HANNON, Judge.

Homeowners of Iske Place property brought suit as a corporation, I.P. Homeowners, Inc., against Harold Radtke and Juanita Radtke to obtain specific performance of an alleged oral contract or, in the alternative, to impress a constructive trust upon real estate that the Radtkes purchased from a third party. The corporation based its action upon three separate theories: (1) an alleged breach of contract, (2) an alleged fraudulent misrepresentation, and...

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