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NICOLA v. E.O. PETERS, INC.

No. 43261.

303 N.W.2d 771 (1981)

208 Neb. 439

Merle NICOLA, Trustee in Bankruptcy of Interstate Machinery & Supply Company, bankrupt, Appellee, v. E. O. PETERS, INC., Appellant.

Supreme Court of Nebraska.

March 27, 1981.

Attorney(s) appearing for the Case

J. L. Krause, Lincoln, for appellant.

Michael G. Helms of Schmid, Ford, Mooney & Frederick, Omaha, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, BRODKEY, WHITE, and HASTINGS, JJ.

BOSLAUGH, Justice.

This case arises out of a controversy concerning a construction crane leased to the defendant, E. O. Peters, Inc., by Interstate Machinery & Supply Company. The written lease agreement provided for a rental of $5,000 per month. The lease was entered into on July 29, 1977, while Interstate was in reorganization proceedings under Chapter XI of the Bankruptcy Act.

On October 26, 1977, Interstate was adjudicated a bankrupt in involuntary...

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