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CHALUPA v. CHALUPA

No. S-96-435.

574 N.W.2d 509 (1998)

254 Neb. 59

Max CHALUPA et al., Appellants and Cross-Appellees, v. Shirley CHALUPA, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

February 27, 1998.

Attorney(s) appearing for the Case

John J. Delaney, of Estes, Porter & Delaney, and Robert G. Pahlke, of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellants.

Robert G. Simmons, Jr., of Simmons, Olsen, Ediger, Selzer, Ferguson & Carney, P.C., Scottsbluff, for appellee.

CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

PER CURIAM.

This is an appeal from an order of summary judgment entered by the district court in favor of defendant, Shirley Chalupa. Plaintiffs, Max Chalupa, Lee Chalupa, and Candy Chalupa, appeal. We removed the case to the docket of the Nebraska Supreme Court pursuant to Neb.Rev.Stat. § 24-1106 (Reissue 1995).

On March 3, 1970, Fred Chalupa executed a document entitled "Irrevocable Trust Agreement," naming himself as cotrustee and assigning to the...

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