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HOLSTE v. BURLINGTON NORTHERN R. CO.

Nos. S-97-412, S-97-509, S-97-533.

592 N.W.2d 894 (1999)

256 Neb. 713

Lea M. HOLSTE, Personal Representative of the Estate of Timothy V. Anderson, deceased, Appellee, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, defendant and third-party plaintiff, Appellee, Cinda Marie Branon, Personal Representative of the Estate of Donald Lee Branon, deceased, plaintiff and third-party defendant, Appellee, and Thomas Peterson-More, interested party, Appellant. In re estate of Donald L. Branon, deceased. Kaplan Law Corporation, a California professional corporation, Appellant, v. Burlington Northern Railroad Company et al., Appellees.

Supreme Court of Nebraska.

April 16, 1999.

Attorney(s) appearing for the Case

W. Patrick Betterman and Mary Lou Perry, of Betterman & Perry, Omaha, for appellant Peterson-More.

Laurice M. Margheim, Chadron, for appellee Branon.

Jeanelle R. Robson and Robert A. Cannon, of Knudsen, Berkheimer, Richardson, Endacott & Routh, Lincoln, for appellee Burlington Northern.

WRIGHT, CONNOLLY, GERRARD, and McCORMACK, JJ., and HANNON, Judge.

GERRARD, J.

I. NATURE OF CASE

The estate of Donald Lee Branon was opened in the county court for Morrill County. Donald Branon's widow, Cinda Marie Branon (Branon), the personal representative of that estate and an appellee herein, filed a wrongful death action which was eventually brought in the district court for Box Butte County. After the case was settled, several of Branon's former attorneys sought payment from the proceeds, and by the terms of the...

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