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RSUI INDEM. CO. v. BACON

No. S-10-1020.

810 N.W.2d 666 (2011)

282 Neb. 436

RSUI INDEMNITY COMPANY and Liberty Mutual Insurance Group, as subrogees of Kiewit Construction Company, appellees, v. Ronald "Tim" BACON et al., appellants.

Supreme Court of Nebraska.

September 30, 2011.

Attorney(s) appearing for the Case

James E. Harris and Britany S. Shotkoski , of Harris Kuhn Law Firm, L.L.P., Omaha, for appellants.

Matthew D. Hammes and Michelle D. Epstein , of Locher, Pavelka, Dostal, Braddy & Hammes, L.L.C., Omaha, for appellees.

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

STEPHAN, J.

This is an appeal from an order granting summary judgment in a breach of contract action. The primary issue is whether an attorney and/or a law firm is liable on a contract negotiated on behalf of a client when the contract provides that both the client and the attorney "agree to and will pay" a certain sum of money and the attorney signs the contract under the legend "Agreed to in Form & Substance." We conclude that neither the attorney nor the firm...

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