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DRAKE v. DRAKE

No. S-99-998.

618 N.W.2d 650 (2000)

260 Neb. 530

Sharlene DRAKE, appellant, v. Virgil DRAKE et al., appellees.

Supreme Court of Nebraska.

October 20, 2000.

Attorney(s) appearing for the Case

Monte L. Neilan, of Huenergardt & Neilan, for appellant.

Sterling T. Huff and Michael J. Javoronok, of Michael J. Javoronok Law Firm, Omaha, for appellees Cheyenne County, John Jenson, and John Does 31-40.

John F. Simmons, of Simmons, Olsen, Ediger, Selzer, Ferguson & Carney, P.C., Scottsbluff, for appellees Herbert L. Stevens, Village of Potter, and Rural Fire Protection District No. 4.

Stephen W. Kay, of Kay & Kay, North Platte, for appellees Sidney Medical, Inc., Steve Long, Diana Tritt, Risa Kinder, and John Does 1-10.

Don Stenberg, Attorney General, and Hobert B. Rupe, for appellee Nebraska State Patrol.

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

WRIGHT, J.

NATURE OF CASE

Sharlene Drake (Sharlene) appeals from an order of the Cheyenne County District Court which sustained the demurrers of all the defendants except Virgil Drake (Virgil) and dismissed her first and second amended petitions.

SCOPE OF REVIEW

Whether a petition states a cause of action is a question of law, regarding which an appellate court has an obligation to reach a conclusion independent of that of the inferior...

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