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ESSEN v. GILMORE

No. S-98-1225.

607 N.W.2d 829 (2000)

259 Neb. 55

Brian ESSEN and Lori Essen, appellees, v. Paul E. GILMORE, Personal Representative of the Estate of Erma B. Gilmore, deceased, appellant, and Glen A. Gilmore and Sharon M. Gilmore, husband and wife, appellees.

Supreme Court of Nebraska.

March 24, 2000.

Attorney(s) appearing for the Case

John L. Apker, of Dwyer, Smith, Grimm, Gardner, Lazer, Pohren & Rogers, Omaha, for appellant.

Bradley E. Nick, of Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy & Nick, Fremont, for appellees Brian Essen and Lori Essen.

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

MILLER-LERMAN, J.

NATURE OF CASE

Brian Essen and Lori Essen brought a creditor's bill action against Paul Gilmore, personal representative of the estate of Erma Gilmore (the Estate), and Glen A. Gilmore and Sharon M. Gilmore (the Gilmores). The Essens sought to have a judgment the Essens had obtained against the Gilmores in a prior suit satisfied out of Glen Gilmore's distributive share of the assets of the Estate. After the Essens filed their petition in...

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