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FAY SMITH & ASSOCS., INC. v. CONSUMERS PUBLIC POW. DIST.

No. 35034.

111 N.W.2d 451 (1961)

172 Neb. 681

FAY SMITH & ASSOCIATES, INC., a corporation, Appellant, v. CONSUMERS PUBLIC POWER DISTRICT, a corporation, Appellee.

Supreme Court of Nebraska.

November 10, 1961.

Attorney(s) appearing for the Case

Cassem, Tierney, Adams & Henatsch, Omaha, for appellant.

Healey, Wilson & Barlow, Lincoln, for appellee.

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

SPENCER, Justice.

This is an action at law wherein Fay Smith & Associates, Inc., a corporation, is plaintiff and appellant, and Consumers Public Power District, a corporation, is defendant and appellee. The action was commenced in the district court for Lancaster County. After some preliminary proceedings on a petition and an amended petition over a period of more than 2 years, plaintiff filed a second amended petition. Shortly thereafter, defendant filed a motion...

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