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On November 19, 1992, petitioner and Ms. Wagner
executed a Settlement Agreement and Mutual Release (the
Annulment Agreement). This agreement provides in
pertinent part as follows:
RECITALS
WHEREAS, on the 12th day of March, 1982,
Pettid [i.e. Petitioner] was divorced pursuant to
a Decree of Dissolution entered in the District
Court of Douglas County, Nebraska, in a matter
entitled Wilma Rae Pettid, Petitioner vs.
Frederick J. Pettid, Respondent (hereinafter
referred to as "the Divorce"), contained at
Docket 777, No. 168; and
WHEREAS, on the 8th day of May, 1982, Pettid
entered into a marriage ceremony with Wagner
(hereinafter referred to as "the Marriage
Ceremony"); and
WHEREAS, the Marriage Ceremony took place
during the six-month interlocutory period of the
Divorce; and
WHEREAS, Wagner was unaware of Pettid's
legal inability to enter into a valid marriage
and is an innocent party as otherwise referred to
in Neb. Rev. Stat. � 42-378 (Reissue 1988); and
WHEREAS, Pettid filed a Petition for
Declaratory Judgment which was amended to a
Petition for Annulment of Marriage in a legal
pleading entitled Frederick J. Pettid, Plaintiff,
vs. Inga W. Bartling, a/k/a Inga W. Pettid, con-
tained at Docket 903, Page 208, in the District
Court of Douglas County, Nebraska (hereinafter
referred to as "the Annulment Lawsuit"); and
WHEREAS, Wagner has filed a civil suit for
deceit, fraud, breach of contract and quantum
meruit against Pettid in an action entitled
Inga Bartling Pettid, Plaintiff, vs. Frederick
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