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FRAZIER, INC. v. 20TH CENTURY BUILDERS, INC.

No. 38170.

198 N.W.2d 478 (1972)

188 Neb. 618

FRAZIER, INC., a Nebraska Corporation, Appellee, v. 20TH CENTURY BUILDERS, INC., et al., Appellees. OMAHA POURED CONCRETE COMPANY, a Corporation, Third Party Plaintiff, Appellee, v. TRANSAMERICA INSURANCE COMPANY, a Corporation, Third Party Defendant, Appellant.

Supreme Court of Nebraska.

June 16, 1972.

Attorney(s) appearing for the Case

Haney, Wintroub & Haney, Omaha, for appellant.

Schmid, Ford, Snow, Green & Mooney, Boland, Mullin, Walsh & Cooney, Omaha, for Frazier, Inc.

Spielhagen, Matejka & Spielhagen, Young, Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, for 20th Century Builders, Inc., et al.

Walsh, Walentine, Wolfe, Miles & Katskee, Omaha, for Omaha Poured Concrete Co.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

SPENCER, Justice.

This appeal is from the sustaining of a motion for summary judgment in a third party action. The principal action was a mechanic's lien foreclosure brought by Frazier, Inc., against Majors, Inc., et al., in which Omaha Poured Concrete Company was subsequently included as a defendant. Majors filed a cross-petition against Frazier and Omaha Poured, alleging damages as the result of the negligence of Frazier in the installation of the plumbing system...

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