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OBERMEIER v. BENNETT

No. 86-856.

430 N.W.2d 524 (1988)

230 Neb. 184

Clarence F. OBERMEIER and Elnora M. Obermeier, Appellees, v. Keith M. BENNETT and Linda M. Bennett, Appellees, Dennis Bennett and Dianne Bennett, Appellants.

Supreme Court of Nebraska.

October 21, 1988.

Attorney(s) appearing for the Case

John R. Hall, of Anderson, Vipperman, Hinman, Hall & Kovanda, Grand Island, for appellants.

Tom D. Briese, of Luebs, Dowding, Beltzer, Leininger, Smith & Busick, Grand Island, for appellees Obermeier.

BOSLAUGH, WHITE, CAPORALE, and GRANT, JJ., and NORTON, District Judge.

GRANT, Justice.

This case arose out of an installment contract for the sale of land. On July 22, 1985, plaintiffs-appellees, Clarence F. and Elnora M. Obermeier (hereinafter Sellers), filed a "Petition in Foreclosure" against defendants Keith M. and Linda M. Bennett (hereinafter Buyers) and defendants-appellants, Dennis and Dianne Bennett (hereinafter Assignees). Keith and Dennis Bennett are brothers. The petition alleged material waste to the real estate and

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