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LUNDT v. INSURANCE COMPANY OF NORTH AMERICA

No. 37064.

166 N.W.2d 404 (1969)

184 Neb. 208

T. H. LUNDT, d/b/a T. H. Lundt Construction Company, Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Appellant.

Supreme Court of Nebraska.

March 21, 1969.

Attorney(s) appearing for the Case

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

Foulks, Wall & Wintroub, Omaha, for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, SMITH, McCOWN, and NEWTON, JJ., and KOKJER, District Judge.

NEWTON, Justice.

This is an action for an attorney's fee brought by T. H. Lundt, doing business as T. H. Lundt Construction Company, against Insurance Company of North America. Judgment was entered for plaintiff in the district court. We reverse the judgment and dismiss the cause.

Plaintiff brought an action against Parsons Construction Company which had engaged in the construction of a sanitary sewer for Sanitary & Improvement District No. 35 of Douglas...

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