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GERNSTEIN v. LAKE

No. S-98-817.

610 N.W.2d 714 (2000)

259 Neb. 479

Lawrence GERNSTEIN et al., appellees, v. Evelyn LAKE, appellant.

Supreme Court of Nebraska.

May 19, 2000.

Attorney(s) appearing for the Case

Eugene G. Schumacher, of Sipple, Hansen, Emerson & Schumacher, Columbus, for appellant.

Mark A. Keenan, of Moyer, Moyer, Egley, Fullner & Warnemunde, Madison, on brief for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

Evelyn Lake appeals from an order of the district court for Colfax County granting Lawrence Gernstein, Lavern Gernstein, and Harold Gernstein's petition to perpetuate testimony pursuant to Neb. Ct. R. of Discovery 27 (rev.1998) and overruling Lake's demurrer to said petition.

SCOPE OF REVIEW

A jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law...

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