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HORNIG v. MARTEL LIFT SYSTEMS, INC.

No. S-98-445.

606 N.W.2d 764 (2000)

258 Neb. 764

Peter M. HORNIG and Didi Hornig, husband and wife, appellees, v. MARTEL LIFT SYSTEMS, INC., and Crown Equipment Corporation, appellants, and Manpower, Inc., of Lincoln, appellee.

Supreme Court of Nebraska.

February 11, 2000.

Attorney(s) appearing for the Case

Lyman L. Larsen and Neil B. Danberg, Jr., of Stinson, Mag & Fizzell, Omaha, for appellants.

Ronald H. Stave, Omaha, for appellees.

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

CONNOLLY, J.

Martel Lift Systems, Inc., and Crown Equipment Corporation (appellants) appeal the district court's order vacating a dismissal and reinstating this case in a subsequent court term. Appellees Peter M. Hornig and Didi Hornig sought reinstatement pursuant to the district court's equity jurisdiction. The issue to be decided is whether the district court was correct in reinstating the instant case, pursuant to its equity power, after adjournment of the

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