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NIELSEN v. NIELSEN

No. S-07-312.

749 N.W.2d 485 (2008)

275 Neb. 810

Don Duane NIELSEN, Personal Representative of the Estate of Barbara Jean Nielsen, Appellant and Cross-appellee, v. Donald E. NIELSEN, appellee and cross-appellant.

Supreme Court of Nebraska.

May 30, 2008.

Attorney(s) appearing for the Case

Richard J. Thramer, Dakota City, for appellant.

Mark D. Fitzgerald, of Fitzgerald, Vetter & Temple, Norfolk, for appellee.

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

CONNOLLY, J.

SUMMARY OF CASE

The personal representative of Barbara Jean Nielsen's estate (the Estate) petitioned to vacate the marital estate distribution in a 1989 dissolution decree. The decree dissolved the marriage of Barbara and Donald E. Nielsen. The Estate claimed that Donald obtained the decree by fraud and that the parties' property settlement agreement did not accurately reflect the marital estate's value. The district court dismissed the Estate...

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