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MOGENSEN v. MOGENSEN

No. S-05-879.

729 N.W.2d 44 (2007)

273 Neb. 208

Keith MOGENSEN, Appellant and Cross-Appellee, v. Steven MOGENSEN, Defendant and Third-Party Plaintiff, Appellee and Cross-Appellant, Brian Mogensen, Third-Party Defendant, Appellee, Sandra Mogensen, Third-Party Defendant, Appellee and Cross-Appellee, and Opal Mogensen, Third-Party Defendant, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

March 16, 2007.

Attorney(s) appearing for the Case

Galen E. Stehlik, of Lauritsen, Brownell, Brostrom, Stehlik, Myers & Daugherty, P.C., L.L.O., Grand Island, for appellants.

Cathy S. Trent-Vilim, of Wolfe, Snowden, Hurd, Luers & Ahl, L.L.P., Lincoln, and, on brief, Barry D. Geweke, of Stowell, Kruml, Geweke & Cullers, P.C., L.L.O., Ord, for appellee Steven Mogensen.

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

CONNOLLY, J.

Keith Mogensen sued Steven Mogensen to force him to sell his partnership interest in Mogensen Bros. Land & Cattle Company (Mogensen Bros.). Keith sought to enforce a buyout provision in the partnership agreement. Steven counterclaimed against Keith, Sandra Mogensen, and Opal Mogensen, seeking a declaration that two real estate parcels, known as DeWulf Place and Mahoney Place, are partnership property. Opal is the titled owner of DeWulf Place, and...

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