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RAPP v. RAPP

No. S-95-555.

562 N.W.2d 359 (1997)

252 Neb. 341

Dale A. RAPP, Appellee, v. John W. RAPP, Appellee, and Harry R. Rapp, Trustee of the Florence E. Rapp Trust, Appellant.

Supreme Court of Nebraska.

April 24, 1997.

Attorney(s) appearing for the Case

David W. Jorgensen, of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellant.

Kent E. Person, of Person, Dier, Person, Osborn & Cox, P.C., Holdrege, for appellee Dale A. Rapp.

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

McCORMACK, Justice.

This is an appeal from the Kearney County District Court decision which approved attorney fees and litigation expenses incurred by the defendant-appellant, Harry R. Rapp, trustee, but found that none of the fees or expenses may be apportioned against the plaintiff-appellee, Dale A. Rapp.

BACKGROUND

On September 9, 1976, Florence E. Rapp created the Florence E. Rapp Trust (Trust), with Florence, Harry, and John W. Rapp as trustees...

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