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  5. 56 N.W.2d 288 (1953)
 

NEBRASKA TRACTOR & EQUIP. CO. v. GREAT LAKES PIPE L. CO.

No. 33217.

56 N.W.2d 288 (1953)

156 Neb. 366

NEBRASKA TRACTOR & EQUIPMENT CO. v. GREAT LAKES PIPE LINE CO.

Supreme Court of Nebraska.

January 2, 1953.

Attorney(s) appearing for the Case

Smith & Smith, Omaha, for appellant.

Kennedy, Holland, DeLacy & Svoboda and Leo Eisenstatt, Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

YEAGER, Justice.

This is an action by Nebraska Tractor & Equipment Company, a corporation, plaintiff and appellee, against Great Lakes Pipe Line Company, a corporation, and W. J. Lank, Jr., named defendants. The action appears not to have been prosecuted against the defendant Lank, hence for the purposes of this opinion Great Lakes Pipe Line Company will be referred to as defendant and appellant.

The petition contains two causes of action both of which...

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