Opinion
Nos. 88-204, 88-297.
Filed September 28, 1990.
Appeal from the District Court for Lancaster County, ROBERT R. CAMP, Judge, upon the recommendation of the Appellate Division of the District Court, MORAN, WOLF, and HANNON, District Judges. Reversed and remanded for further proceedings.
Scott J. Norby, of Crosby, Guenzel, Davis, Kessner Kuester, for appellant.
Lavern R. Holdeman, of Peterson Nelson Johanns Morris Holdeman, for appellees.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
On the bases of the briefs, the record, and the recommendation of the Appellate Division of the District Court, we find that questions of fact exist and the trial court erred in granting summary judgment. Accordingly, the judgment of the district court is reversed and the cause remanded for further proceedings.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.