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GERDES v. KLINDT

No. S-96-252.

570 N.W.2d 336 (1997)

253 Neb. 260

Gene GERDES, Appellant, v. Melvin KLINDT et al., Appellees.

Supreme Court of Nebraska.

October 31, 1997.

Attorney(s) appearing for the Case

Jerald L. Ostdiek, of Nichols, Douglas, Kelly, and Meade, P.C., Scottsbluff, for appellant.

Lori A. Zeilinger, Grant, for appellee Marvin Stumpf.

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

WRIGHT, Justice.

Gene Gerdes, the garnishor, filed a garnishment action to determine the liability of Marvin Stumpf, the garnishee. The trial court sustained Stumpf's motion for summary judgment, and Gerdes now appeals.

SCOPE OF REVIEW

Summary judgment is proper when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue of material fact or as to the ultimate inferences to be drawn...

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