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SHOEMAKER v. SHOEMAKER

No. S-06-319.

745 N.W.2d 299 (2008)

275 Neb. 112

David G. SHOEMAKER, Trustee of the Marion P. Shoemaker Revocable Trust, and Harley G. Shoemaker, Trustee of the Harley G. Shoemaker Revocable Trust, appellants, v. Don SHOEMAKER and Yvonne Shoemaker, appellees.

Supreme Court of Nebraska.

February 22, 2008.

Attorney(s) appearing for the Case

V. Gene Summerlin, Mamie A. Jensen, and Justin Firestone, of Ogborn, Summerlin & Ogborn, P.C., Lincoln, for appellants.

Mark A. Christensen and Andre R. Barry, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, for appellees.

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

CONNOLLY, J.

This appeal presents two main issues. The first is whether a partnership is dissolved by operation of law under the Uniform Partnership Act of 1998 (the 1998 UPA) when a partner voluntarily withdraws.1 The second is whether the parties intended the partnership to dissolve if the remaining partners failed to timely pay the buyout price for the withdrawing partner's interest. Briefly stated, we hold that under the 1998 UPA,...

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