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JUNKER v. CARLSON

No. S-17-356.

915 N.W.2d 542 (2018)

300 Neb. 423

Debra J. JUNKER et al., appellants, v. Elwyn CARLSON and Joel Carlson, defendants and third-party plaintiffs, appellees, SLS Partners, appellee, and Michael Carlson, also known as Mike Carlson, third-party defendant, appellee.

Supreme Court of Nebraska.

Filed July 6, 2018.

Attorney(s) appearing for the Case

George G. Vinton , North Platte, for appellants.

Steve Windrum , of Malcom, Nelsen & Windrum, L.L.C., Gothenburg, for appellees Elwyn Carlson and Joel Carlson.

Donald J. Pepperl, P.C., L.L.O., Lincoln, for appellee SLS Partners.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, and Funke, JJ.

I. INTRODUCTION

A trust's grantors and beneficiaries asserted claims for constructive trusts against other parties who had dealt with the trustee. After a bench trial, the district court dismissed the claims. Because we agree that the claims failed either for lack of proof or because of Neb. Rev. Stat. § 30-38,101 (Reissue...

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