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DAY v. HELLER

No. A-00-928.

639 N.W.2d 158 (2002)

10 Neb. App. 886

Robert E. DAY, Jr., Appellant, v. Robin E. HELLER, Appellee.

Court of Appeals of Nebraska.

February 12, 2002.

Attorney(s) appearing for the Case

John W. Ballew, Jr., of Ballew Schneider & Covalt, for appellant.

Mark L. Laughlin and Robert F. Peterson, Omaha, of Laughlin, Peterson & Lang, for appellee.

IRWIN, Chief Judge, and INBODY and CARLSON, Judges.

IRWIN, Chief Judge.

I. INTRODUCTION

Robert E. Day, Jr., appeals from an order of the district court for Sarpy County granting summary judgment in favor of Robin E. Heller and dismissing Robert's petition. In Robert's action against Robin, he sought damages in tort for fraud, assumpsit, and emotional distress upon discovering that he is not the biological father of Adam, who was born during Robin and Robert's marriage. The district court granted summary judgment...

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