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HITCHCOCK FOUNDATION v. KOUNTZE

No. S-07-286.

751 N.W.2d 129 (2008)

275 Neb. 978

GILBERT M. and MARTHA H. HITCHCOCK FOUNDATION, a Nebraska nonprofit corporation, et al., appellees and cross-appellants, v. Denman KOUNTZE, Jr., Appellee, Edward H. Kountze, appellant and cross-appellee, and Charles Denman Kountze, appellee.

Supreme Court of Nebraska.

June 27, 2008.

Attorney(s) appearing for the Case

David A. Domina and Claudia L. Stringfield-Johnson, of Domina Law Group, P.C., L.L.O., and David J. Lanphier, of Broom, Johnson, Clarkson & Lanphier, Omaha, for appellant.

Edward D. Hotz and Michael R. Peterson, of Hotz, Weaver, Flood, Breitkreutz & Grant, Omaha, for appellees Gilbert M. and Martha H. Hitchcock Foundation et al.

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

McCORMACK, J.

NATURE OF CASE

This is an appeal after remand in which all the issues presented are procedural and jurisdictional. The underlying findings of fact and conclusions of law are not disputed.

A derivative action was brought by several trustees of a public benefit corporation against three fellow trustees: Denman Kountze, Jr., Edward H. Kountze, and Charles Denman Kountze. In Gilbert &...

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