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SAWYER v. STATE SURETY CO.

No. S-94-1085.

558 N.W.2d 43 (1997)

251 Neb. 440

John Darrin SAWYER, Appellant, v. STATE SURETY COMPANY, a corporation, Appellee.

Supreme Court of Nebraska.

January 10, 1997.

Attorney(s) appearing for the Case

James C. Stecker, of Robak and Stecker, Columbus, for appellant.

Bradley D. Holtorf, of Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy & Nick, Fremont, for appellee.

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

CONNOLLY, Justice.

John Darrin Sawyer (John D.) brought this action against State Surety Company to recover on a $20,000 guardian bond issued to his father, John R. Sawyer (John R.). Because John R. had filed for chapter 13 bankruptcy protection, the parties entered into a stipulation lifting the automatic stay in the bankruptcy court so that John D. could obtain a judgment against John R. in the district court for moneys owed. The stipulation provided that John D...

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