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MALICKY v. HEYEN

No. S-94-691.

560 N.W.2d 773 (1997)

251 Neb. 891

Jack MALICKY, Appellee and Cross-Appellee, v. Kyle K. HEYEN, Individually and Doing Business as Detector Dogs, International, Appellant, and State of Nebraska, Appellee, and Traci M. Comstock, Appellant, and David E. Cygan, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

March 7, 1997.

Attorney(s) appearing for the Case

Traci M. Comstock, of Comstock Law Offices, P.C., Omaha, for appellants.

Charles H. Wagner, of Edstrom, Bromm, Lindahl, Wagner & Miller, Wahoo, for appellee Malicky.

David Edward Cygan, pro se.

CAPORALE, WRIGHT, CONNOLLY, and GERRARD, JJ., and ROWLANDS, District Judge.

ROWLANDS, District Judge.

In this appeal from an order imposing sanctions, defendant, Kyle K. Heyen, and defense attorneys, Traci M. Comstock and David E. Cygan, contend that the district court erred in assessing sanctions against Comstock and Cygan for their conduct before the court.

We reverse the decision of the district court to grant sanctions, finding that the trial judge abused his discretion.

This appeal was originally filed in the Nebraska...

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