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RAPP v. RAPP

No. 34932.

112 N.W.2d 777 (1962)

173 Neb. 136

A. B. RAPP and Freida Rapp, Appellants, v. Emerald F. RAPP and Delores E. Rapp; Sidney National Bank, Sidney, Nebraska and Charles N. Deaver, Appellees.

Supreme Court of Nebraska.

January 12, 1962.

Attorney(s) appearing for the Case

Beatty, Clarke, Murphy & Morgan, Donald W. Pederson, Frank E. Piccolo, Jr., North Platte, for appellants.

Maupin, Dent, Kay & Satterfield, North Platte, Clinton & McNish, Heaton & Heaton, Sidney, for appellees.

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

SIMMONS, Chief Justice.

In this action plaintiffs sought subrogation, foreclosure of a chattel mortgage, and equitable relief. Relief was denied. Plaintiffs appeal.

In Rapp v. Rapp, 172 Neb. 68, 108 N.W.2d 412, we affirmed the judgment of the trial court. We granted reargument. We now set aside our former opinion and judgment, reverse the judgment of the trial court, and remand the cause...

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