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WOLF v. TASTEE FREEZ CORPORATION OF AMERICA

No. 34976.

109 N.W.2d 733 (1961)

172 Neb. 430

Samuel N. WOLF and Morris Shapiro, Appellees, v. TASTEE FREEZ CORPORATION OF AMERICA and Paul J. Rayer, Appellants.

Supreme Court of Nebraska.

June 23, 1961.

Attorney(s) appearing for the Case

Shotwell, Marchetti & Samson, Omaha, for appellants.

Beber & Richards, Seymour L. Smith, Omaha, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

SPENCER, Justice.

This is an action for forcible detention. Plaintiffs' motion for summary judgment was sustained. Defendants appeal. The plaintiffs and appellees, hereinafter referred to as plaintiffs, are Samuel N. Wolf and Morris Shapiro. The defendants and appellants are Tastee Freez Corporation of America and Paul J. Rayer. They will hereinafter be referred to as defendants.

Defendants insist that a genuine issue of fact exists in connection with the...

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