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SHADA v. WHITNEY

No. 34959.

109 N.W.2d 167 (1961)

172 Neb. 220

Victor D. SHADA, Executor of the Estate of Nicholas J. W. Shada, Deceased, Appellee, v. Carl WHITNEY, Contractor, Appellant, Impleaded with Missouri Valley Construction Company, Appellee.

Supreme Court of Nebraska.

May 12, 1961.

Attorney(s) appearing for the Case

H. L. Blackledge, Kearney, for appellant.

Ward W. Minor, Kearney, for Shada, executor.

Tye, Worlock & Knapp, Kearney, for Missouri Valley Const. Co.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

SIMMONS, Chief Justice.

This is a workmen's compensation case. Nicholas J. W. Shada, the employee, was killed. The executor of his estate is plaintiff. The defendants are Carl Whitney and Missouri Valley Construction Company, a corporation. They will be referred to herein as Whitney and Missouri Valley.

The matter went to a hearing before one of the judges of the Nebraska Workmen's Compensation Court, resulting in a finding that Whitney was liable for the...

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