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SMITH BARNEY v. PAINTERS LOCAL UNION

No. S-97-350.

579 N.W.2d 518 (1998)

254 Neb. 758

SMITH BARNEY, INC. and Robert Nixon, Appellees, v. PAINTERS LOCAL UNION NO. 109 PENSION FUND et al., Appellants.

Supreme Court of Nebraska.

June 12, 1998.

Attorney(s) appearing for the Case

Gail E. Boliver, of Boliver Law Firm, Omaha, for appellants.

Kathleen M. Quinn, of Kutak Rock, Omaha, and David R. Wilson, of Knudsen, Berkheimer, Richardson & Endacott, Lincoln, for appellees.

WHITE, C.J., CAPORALE, WRIGHT, CONNOLLY, and McCORMACK, JJ., and HASTINGS, C.J., Retired, and BLUE, District Judge, Retired.

CAPORALE, Justice.

I. STATEMENT OF CASE

In this declaratory judgment action, the district court granted summary judgment to the plaintiffs-appellees, Smith Barney, Inc., and Robert Nixon, a former employee of Smith Barney's predecessor, and permanently enjoined the defendants-appellants, Painters Local Union No. 109 Pension Fund, and James King, Larry Curtice, and Robert Briggs, Jr., in their capacities as trustees for the fund, from arbitrating whether...

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