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DARNALL v. PETERSEN

No. A-97-1112.

592 N.W.2d 505 (1999)

8 Neb. App. 185

Gary DARNALL and Emilie Darnall, appellants and cross-appellees, v. Bernard PETERSEN, appellee, and Kay Petersen, appellee and cross-appellant.

Court of Appeals of Nebraska.

March 16, 1999.

Attorney(s) appearing for the Case

Robert M. Brenner, of Robert M. Brenner Law Office, Gering, for appellants.

John P. Weis, of Sorensen & Zimmerman, P.C., Scottsbluff, for appellees.

MUES, INBODY, and CARLSON, Judges.

MUES, J.

INTRODUCTION

Gary Darnall and Emilie Darnall sued Bernard Petersen and Kay Petersen to recover on a promissory note. After trial but before judgment, the Darnalls' claim against Bernard was discharged in bankruptcy court. The trial court subsequently entered judgment against Kay for the principal amount but denied interest, finding that the interest rate charged was usurious. The Darnalls timely appeal that order, and Kay cross-appeals.

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