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REORGANIZED CH. OF JESUS CHRIST v. UNIVERSAL SUR. CO.

No. 35507.

128 N.W.2d 361 (1964)

177 Neb. 60

The REORGANIZED CHURCH OF JESUS CHRIST OF the LATTER DAY SAINTS, Appellee, v. UNIVERSAL SURETY CO., Appellant, Erwin C. Korst, d/b/a Korst Construction Company, Intervener-Appellant.

Supreme Court of Nebraska.

May 15, 1964.

Attorney(s) appearing for the Case

Ginsburg, Rosenberg & Ginsburg, Norman Krivosha, Lincoln, for appellants.

Healey & Healey, Cline, Williams, Wright, Johnson, Oldfather & Thompson, Lincoln, Carroll L. Olson, Independence, Mo., for appellee.

Before CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

MESSMORE, Justice.

This is an action at law brought by The Reorganized Church of Jesus Christ of Latter Day Saints, a corporation, plaintiff, against Universal Surety Company, an insurance corporation, defendant. Erwin C. Korst, doing business as Korst Construction Company, intervened in this action. The purpose of the action was to recover damages upon a performance bond for an alleged breach of a construction contract executed between the plaintiff and the intervener...

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