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OMAHA POL. CON. CORP. v. CARVER-GREENFIELD CORP.

No. 74-1951.

516 F.2d 881 (1975)

OMAHA POLLUTION CONTROL CORPORATION, a corporation, Plaintiff, The City of Omaha, Nebraska, a Municipal corporation, Plaintiff-Appellant, v. CARVER-GREENFIELD CORPORATION, a corporation, and Fred S. Carver, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 16, 1975.

Rehearing and Rehearing Denied June 10, 1975.

Attorney(s) appearing for the Case

Kent N. Whinnery, Asst. City Atty., Omaha, Neb., for appellant.

John T. Dolan, Crummy, Del Deo, Dolan & Purcell, Newark, N. J., for Carver-Greenfield.

Bruce H. Brodkey, Omaha, Neb., for Fred S. Carver.

Before HEANEY and STEPHENSON, Circuit Judges, and SMITH, Senior District Judge.

Rehearing and Rehearing En Banc Denied June 10, 1975.

PER CURIAM.

Based on the record presented, the order of the District Court granting the defendants' motion for summary judgment against the City of Omaha is not appealable. The District Court granted the motion on the basis that

* * * Section 2-318 of the Uniform Commercial Code (Rev.Neb.Stat. Section 90-2-318) precludes the City of Omaha's reliance on the third-party beneficiary theory to prove...

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