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FRANK H. GIBSON, INC. v. OMAHA COFFEE COMPANY

No. 35793.

137 N.W.2d 701 (1965)

179 Neb. 169

FRANK H. GIBSON, INC., a Corporation, Appellant-Cross-Appellee, v. OMAHA COFFEE COMPANY, a Corporation et al., Appellees-Cross-Appellants.

Supreme Court of Nebraska.

October 29, 1965.

Attorney(s) appearing for the Case

Pilcher, Howard & Hickman, Omaha, for appellant.

Fraser, Stryker, Marshall & Veach, Omaha, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

SPENCER, Justice.

This case was previously heard herein. Our former opinion, reported at 178 Neb. 329, 133 N.W.2d 462, reversed the judgment of the trial court and remanded the cause with directions to enter dismissal of the action on the defendants' cross-appeal. We now determine that our former opinion should be vacated.

This is an action brought by plaintiff, Frank H. Gibson, Inc., hereinafter...

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