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MID-AMERICA PIPELINE COMPANY v. WARREN

Nos. 38124, 38192.

193 N.W.2d 749 (1972)

187 Neb. 710

MID-AMERICA PIPELINE COMPANY and Continental National American Group, Appellants, v. Lela Belle WARREN, Administratrix of the Estate of Charles Warren, Jr., Deceased, Appellee. Lela Belle WARREN, Administratrix of the Estate of Charles Warren, Jr., Deceased, Appellee, v. PANHANDLE CONSTRUCTION COMPANY and Continental National American Group, Appellants.

Supreme Court of Nebraska.

January 21, 1972.

Attorney(s) appearing for the Case

Pilcher, Howard & Dustin, Omaha, for Mid-America Pipeline Co. and Continental American.

Eisenstatt, Higgins, Miller & Kinnamon, John J. Higgins, Omaha, for Lela Belle Warren.

Gross, Welch, Vinardi, Kauffman, Schatz & Day, Omaha, for Panhandle Constr. Co. and Continental American.

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

NEWTON, Justice.

Two actions consolidated for trial purposes are involved here. In the first, the administratrix of the estate of Charles Warren, Jr., deceased, seeks to recover workmen's compensation from the Panhandle Construction Company, hereinafter referred to as Panhandle. In the second, Mid-America Pipeline Company, hereinafter referred to as MAPCO contends it was a special employer of Warren and, as such, liable...

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