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STATE FARM v. CHEEPER'S RENT-A-CAR

No. S-99-383.

614 N.W.2d 302 (2000)

259 Neb. 1003

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, appellee, v. CHEEPER'S RENT-A-CAR, INC., a Nebraska corporation, appellant, and Heather Billings and Naomi Young, appellees.

Supreme Court of Nebraska.

July 14, 2000.

Attorney(s) appearing for the Case

John T. Rogers, Omaha, and M. Scott Vander Schaaf, for appellant.

Rex A. Rezac and Tracy J. Edgerton, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee State Farm Mutual Automobile Insurance Company.

William M. Lamson, Frank J. Barrett, and Robert A. Mooney, of Lamson, Dugan & Murray, Omaha, for amicus curiae Car and Truck Rental and Leasing Association of Nebraska.

Roger R. Holthaus, Omaha, for appellee Heather Billings.

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

MILLER-LERMAN, J.

NATURE OF CASE

In this declaratory judgment action, Cheeper's Rent-A-Car, Inc. (Cheeper's), appeals the order of the district court for Douglas County denying its motion for summary judgment and granting the cross-motions for summary judgment of State Farm Mutual Automobile Insurance Company (State Farm) and Heather Billings. For the reasons set forth below, which differ from the rationale of the district court, we affirm.

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