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WESTINGHOUSE ELECTRIC SUPPLY CO. v. BROOKLEY

No. 36137.

142 N.W.2d 308 (1966)

180 Neb. 244

WESTINGHOUSE ELECTRIC SUPPLY CO., a Division of Westinghouse Electric Corporation, a Corporation, Appellee, v. Jack BROOKLEY, d/b/a Brookley Electric, Appellant. Impleaded with American Casualty Company, a Corporation, Appellee.

Supreme Court of Nebraska.

April 29, 1966.

Attorney(s) appearing for the Case

George B. Boland, John R. Fike, A. J. Whalen, Omaha, for appellant.

Crawford, Garvey, Comstock & Nye, John H. Trenerry, Jr., James R. McGreevy, Omaha, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and BRODKEY, District Judge.

SMITH, Justice.

This appeal involves interpretation of our opinion on a former appeal in the same case, 176 Neb. 807, 127 N.W.2d 465. Subsequent to our mandate the district court dismissed plaintiff's action as to defendant American Casualty Company but not as to defendant Jack Brookley, the present appellant.

We are guided more by the reality of the record than by symmetry of concepts....

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