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NYE v. FIRE GROUP PARTNERSHIP

No. S-01-319.

642 N.W.2d 149 (2002)

263 Neb. 735

Muriel H. NYE and Charles A. Nye, Appellants, v. FIRE GROUP PARTNERSHIP, a Nebraska general partnership, Appellee.

Supreme Court of Nebraska.

April 19, 2002.

Attorney(s) appearing for the Case

Charles A. Nye, pro se, and for appellant Muriel H. Nye.

Ann M. Grottveit and Robert J. Becker, of Stalnaker, Becker, Buresh, Gleason & Farnham, P.C., Omaha, for appellee.

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

CONNOLLY, J.

This is an appeal from a district court's order denying a motion to vacate or modify a summary judgment under Neb.Rev. Stat. § 25-2001(4) (Cum.Supp.2000). The appellants, Muriel H. Nye and Charles A. Nye, claimed that they never received notice of the court's order. The district court overruled the appellants' motion to vacate or modify because it found that its bailiff had mailed notice in compliance with Neb.Rev.Stat. § 25-1301.01 (Cum.Supp...

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