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BAKER'S SUPERMARKETS, INC. v. FELDMAN

No. S-90-1000.

502 N.W.2d 428 (1993)

243 Neb. 684

BAKER'S SUPERMARKETS, INC., a Nebraska Corporation, Appellee, v. Albert L. FELDMAN and Meyer H. Feldman, Cotrustees, Appellants.

Supreme Court of Nebraska.

July 9, 1993.

Attorney(s) appearing for the Case

James D. Sherrets and Karl D. Vogt, of Sherrets Smith & Gardner, P.C., Omaha, for appellants.

Ray R. Simon and John C. Brownrigg, of Erickson & Sederstrom, P.C., Omaha, for appellee.

HASTINGS, C.J., and BOSLAUGH, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ.

CAPORALE, Justice.

The plaintiff-appellee lessee, Baker's Supermarkets, Inc., sought a declaration that it had not breached its lease and an injunction preventing the defendant-appellant lessors, the cotrustees of an unnamed trust, Albert L. and Meyer H. Feldman, from interfering with the rights of Baker's in the demised premises. The Feldmans in turn counterclaimed for damages and restitution of the demised premises. Each of the parties moved for summary judgment...

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