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LEVANDER v. ELKS

No. S-98-419.

596 N.W.2d 705 (1999)

257 Neb. 283

Vicky L. LEVANDER, appellant, v. The BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF the UNITED STATES OF AMERICA, a Nebraska corporation, defendant and third-party plaintiff, appellee, and Sunbeam Corporation, a Delaware corporation, et al., third-party defendants, appellees.

Supreme Court of Nebraska.

July 16, 1999.

Attorney(s) appearing for the Case

Robert J. Parker, Jr., of Seiler, Parker & Moncrief, P.C., Hastings, for appellant.

John J. Schirger and Patrick E. Brookhouser, Jr., of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellee Benevolent and Protective Order of Elks.

Denzel R. Busick, of Luebs, Leininger, Smith, Busick, Johnson, Baack, Placzek & Steele, Grand Island, for appellee Sunbeam.

Randall L. Goyette, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee Manchester Tank & Equipment.

Terrance O. Waite and Keith A. Harvat, of Murphy, Pederson, Waite & McWha, North Platte, for appellee Bosselman.

HENDRY, C.J., WRIGHT, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

Plaintiff, Vicky L. Levander, appeals from the trial court's order granting summary judgment in favor of defendant, The Benevolent and Protective Order of Elks of the United States of America (Elks).

SCOPE OF REVIEW

Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...

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