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LINDSAY v. FITL

No. S-15-757.

879 N.W.2d 385 (2016)

293 Neb. 677

Stephen LINDSAY, Special Administrator of the Estate of Mary F. Lindsay, et al., Appellants, v. Patricia M. FITL, Personal Representative of the Estate of James G. Fitl, Appellee.

Supreme Court of Nebraska.

Filed May 27, 2016.

Attorney(s) appearing for the Case

Thomas M. White , C. Thomas White , and Amy S. Jorgensen , of White & Jorgensen, Omaha, for appellants.

Michael S. Degan , of Husch Blackwell, L.L.P., Omaha, for appellee.

Heavican, C.J., Wright, Connolly, Miller-Lerman, Cassel, Stacy, and Kelch, JJ.

NATURE OF CASE

Mary F. Lindsay, Mary H. Lindsay, Daniel Lindsay, Michael Lindsay, Alice Lindsay, Stephen Lindsay, and Marguerite Ford (collectively the Lindsays) filed suit against James G. Fitl (Fitl) for breach of various fiduciary duties. A motion to dismiss was granted on the bases that the Lindsays' claims were derivative...

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