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HOESING v. SEARS, ROEBUCK & CO.

Civ. Nos. 79-0-191, 79-0-192 and 79-0-195.

484 F.Supp. 478 (1980)

Bonnie L. HOESING, Next Friend and Mother of Rose Marie Hoesing, Ann Marie Hoesing, and Jeffrey F. Hoesing, Minors, Plaintiff, v. SEARS, ROEBUCK & CO., a New York Corporation, Defendant. Alan F. HOESING, Plaintiff, v. SEARS, ROEBUCK & CO., a New York Corporation, Defendant. Robert J. ALLISON, Next Friend and Father of Chad R. Allison and Scott D. Allison, Minors, Plaintiff, v. SEARS, ROEBUCK & CO., a New York Corporation, Defendant.

United States District Court, D. Nebraska.

February 7, 1980.

Attorney(s) appearing for the Case

Philip H. Robinson, Jr., Bellevue, Neb., for plaintiff.

Jack W. Marer, Omaha, Neb., for defendant.

MEMORANDUM

DENNEY, District Judge.

This matter comes before the Court upon the defendant's motion to dismiss.

This is a diversity action in which the plaintiffs seek to recover damages for injuries caused to their parents by the defendant. The defendant contends that this suit should be dismissed because under Nebraska law a child has no cause of action against a third party for damages for nonfatal injuries to his parent. The plaintiffs recognize...

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