Opinion
No. 87-695.
Filed May 25, 1990.
Appeal from the District Court for Buffalo County: DEWAYNE WOLF, Judge. Affirmed in part, and in part reversed and remanded on the issue of damages.
William G. Dittrick and Barbara E. Person, of Baird, Holm, McEachen, Pedersen, Hamann Strasheim, for appellants.
No appearance for appellees.
HASTINGS, C.J., BOSLAUGH, WHITE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
In Middagh v. Stanal Sound Ltd., 234 Neb. 576, 452 N.W.2d 260 (1990), we affirmed the trial court's judgment in part, reversed it in part, and remanded the cause for a determination of damages as against appellee Stan Miller only.
The bankruptcy petition of Stanal Sound Ltd. now having been dismissed, the automatic stay is dissolved. See, 11 U.S.C. § 362(c) (1988); In re Ryan, 100 B.R. 411 (N.D. Ill. 1989). We may now proceed to a consideration of the remainder of the case.
Miller was at all times the agent of Stanal Sound, and therefore appellants are entitled to the same relief as obtained in this court against Miller. See Middagh v. Stanal Sound Ltd., supra.
Therefore, the action is remanded to the trial court to recalculate the payments due from Stanal Sound for the period of November 15, 1984, to November 15, 1987, as prayed by appellants.
AFFIRMED IN PART, AND IN PART REVERSED AND REMANDED ON THE ISSUE OF DAMAGES.
CAPORALE, J., not participating.