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PROGRESSIVE DESIGN, INC. v. OLSON BROS. MFG. CO.

No. 38746.

206 N.W.2d 832 (1973)

190 Neb. 208

PROGRESSIVE DESIGN, INC., Appellee, v. OLSON BROTHERS MANUFACTURING COMPANY, Appellee, Security State Bank of Oxford, Nebraska, Intervenor-Appellant.

Supreme Court of Nebraska.

May 4, 1973.

Attorney(s) appearing for the Case

Richard A. Knudsen of Knudsen, Berkheimer, Endacott & Beam, Lincoln, William H. Sherwood of Sherwood & Poff, Oxford, W. E. Webster, Beech & Webster, Pierce, for intervenor-appellant.

J. Patrick Green of Eisenstatt, Higgins, Miller & Kinnamon, Omaha, Walt Azaroff, Adair, Iowa, for Progressive Design, Inc.

William W. Griffin, O'Neill, for Olson Brothers Mfg. Co.

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

NEWTON, Justice.

This is an action brought by Progressive Design, Inc., to recover from defendant Olson Brothers Manufacturing Company for breach of contract. Plaintiff had entered into a security agreement and assigned the contract to intervener Security State Bank of Oxford, Nebraska. Plaintiff entered into a settlement with defendant and dismissed its petition with prejudice. The court thereupon dismissed the intervener's petition. We reverse the judgment of the...

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