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KNIGHT BROS., INC. v. STATE

No. 38376.

199 N.W.2d 720 (1972)

189 Neb. 64

KNIGHT BROS., INC. and E. Stoltenberg & Son, a joint venture, Appellants, v. STATE of Nebraska, Appellee.

Supreme Court of Nebraska.

August 4, 1972.

Attorney(s) appearing for the Case

Fraser, Stryker, Marshall & Veach, Hird Stryker, Omaha, for appellants.

Clarence A. H. Meyer, Atty. Gen., Warren D. Lichty, Jr., Asst. Atty. Gen., Gary R. Welch, Dale L. Babcock, Jr., Randall E. Sims, Sp. Asst. Attys. Gen., Lincoln, for appellee.

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

CLINTON, Justice.

This action originated with a claim arising out of a contract of the plaintiffs with the Department of Roads of the State of Nebraska, which claim was filed under the provisions of section 77-2406, R.R.S.1943. The claim was disallowed. Appeal was then made under section 77-2407, R.R.S. 1943, to the district court for Lancaster County which found for the defendant. The plaintiffs then perfected their appeal to this court.

The plaintiffs, a...

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