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LIBBEY-OWENS FORD GLASS CO. v. L & M PAPER CO.

Nos. 38552-38554.

205 N.W.2d 523 (1973)

189 Neb. 792

LIBBEY-OWENS FORD GLASS COMPANY, a foreign corporation, Appellee, v. L & M PAPER COMPANY, a corporation, et al., Appellants. O. J. MILLER, Appellee, v. L & M PAPER COMPANY, a corporation, et al., Appellants. HENNINGSEN FOODS, INC., a corporation, Appellee, v. L & M PAPER COMPANY, a corporation, et al., Appellants.

Supreme Court of Nebraska.

March 23, 1973.

Attorney(s) appearing for the Case

John R. Douglas of Cassem, Tierney, Adams & Henatsch, Harry B. Otis of Gaines, Spittler & Otis Gross, Welch, Vinardi, Kauffman, Schatz & Day, Lee A. Larson, Omaha, for appellants.

Robert W. Haney, Haney, Wintroub & Haney, Omaha, for appellee.

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

SPENCER, Justice.

This appeal involves three consolidated cases to recover for fire losses sustained at Miller's Industrial Center in Omaha, Nebraska. The alleged cause of the fire was a forklift truck manufactured by Yale & Towne, Inc., and sold by Phil D. Fitzwater and Gerald E. Gathmann, doing business as All Makes Forklift Service, to L & M Paper Company, a corporation, the user of the forklift at the time of...

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