LARUTAN CORP. v. MAGNOLIA HOMES MFG. CO. OF NEB.

No. 38842.

209 N.W.2d 177 (1973)

190 Neb. 425

The LARUTAN CORPORATION, Appellant, v. MAGNOLIA HOMES MANUFACTURING COMPANY OF NEBRASKA et al., Appellees.

Supreme Court of Nebraska.

June 29, 1973.


Attorney(s) appearing for the Case

Wright & Simmons, John F. Wright, John F. Simmons, Scottsbluff, for appellant.

Van Steenberg, Brower & Chaloupka, Steven T. Swihart, Lyman, Meister & Olsen, Scottsbluff, for appellees.

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


McCOWN, Justice.

This is a declaratory judgment action brought by plaintiff, Larutan Corporation, the manufacturer and marketer of a soil compaction substance called Paczyme, against the defendant, Magnolia Homes Manufacturing Corporation, a manufacturer of mobile homes, and Donald Lynch and Herbert Ziegler, copartners, doing business as Donald Lynch Contracting Company, the local dealer of plaintiff in Scottsbluff, Nebraska. The action sought determination of whether...

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