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HILLIARD v. ROBERTSON

No. S-96-124.

570 N.W.2d 180 (1997)

253 Neb. 232

Russell HILLIARD and Lisa Hilliard, Husband and Wife, doing business as R & L Rentals, Appellants, v. Marilyn E. ROBERTSON, Appellee.

Supreme Court of Nebraska.

October 24, 1997.

Attorney(s) appearing for the Case

Jeffrey L. Hansen, of Simmons, Olsen, Ediger, Seizer, Ferguson & Carney, P.C., for appellants.

Randall L. Lippstreu, of Harris & Lippstreu, P.C., Scottsbluff, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

McCORMACK, Justice.

This is an action by Russell Hilliard and Lisa Hilliard against Marilyn E. Robertson to recover unpaid rent. The county court for Scotts Bluff County, Nebraska, found that the Hilliards were not entitled to unpaid rent because they failed to mitigate their damages. The county court further found that Robertson was entitled to a return of her $250 security deposit. The Hilliards appealed to the district court for Scotts Bluff County, which affirmed...

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