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SINDELAR v. HANEL OIL, INC.

No. S-95-1296.

581 N.W.2d 405 (1998)

254 Neb. 975

Glenn SINDELAR, trustee of Silver Creek Farms, et al., Appellants, v. HANEL OIL, INC., a Nebraska Corporation, Appellee.

Supreme Court of Nebraska.

July 10, 1998.

Attorney(s) appearing for the Case

Charles L. Caskey, Stanton, for appellants.

L.J. Karel, of Karel & Seckman, Schuyler, for appellee.

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

WRIGHT, Justice.

NATURE OF CASE

Hanel Oil, Inc. (Hanel), moved for summary judgment on the basis that the action filed by Glenn Sindelar, as trustee of Silver Creek Farms; Glenn Sindelar; Melvin Sindelar; and Lois Sindelar (the appellants) was time barred. Following a hearing, the district court granted Hanel's motion for summary judgment. However, no record was made of the hearing on this motion. On appeal, relying on Neb.Ct.R. of Prac. 5 A(1) (rev.1996...

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