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3'S LOUNGE INC. v. TIERNEY

No. A-05-1164.

741 N.W.2d 687 (2007)

16 Neb. App. 64

3'S LOUNGE INC., a Nebraska Corporation, Appellant v. Frank E. TIERNEY and Ok K. Tierney, Husband and Wife, Appellees.

Court of Appeals of Nebraska.

October 30, 2007.

Attorney(s) appearing for the Case

Thomas R. Ostdiek, of Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O., Omaha, for appellant.

Martin A. Cannon, of Cannon Law Office, Omaha, for appellees.

IRWIN, SIEVERS, and CASSEL, Judges.

CASSEL, Judge.

I. INTRODUCTION

3's Lounge Inc. held an option to purchase realty that it leased from HEB-AR, Inc. (HEB-AR). HEB-AR conveyed a portion of the leased property to Frank E. Tierney and Ok K. Tierney. 3's Lounge sued HEB-AR and the Tierneys to obtain title to the property conveyed to the Tierneys. Prior to trial, 3's Lounge settled its claims against HEB-AR and the district court for Douglas County dismissed HEB-AR from the lawsuit. After trial...

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