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HENKLE & JOYCE HARDWARE CO. v. MACO, INC.

No. 39794.

239 N.W.2d 772 (1976)

195 Neb. 565

HENKLE & JOYCE HARDWARE COMPANY, Appellant, v. MACO, INC., and Bair Company, a corporation, et al., Appellees.

Supreme Court of Nebraska.

March 11, 1976.

Attorney(s) appearing for the Case

Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellant.

Ginsburg, Rosenberg, Ginsburg & Krivosha, R. P. Cathcart, Lincoln, for appellees.

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

CLINTON, Justice.

This is an action sounding in tort for money damages, founded upon an allegedly unlawful use of a trade secret. As the legal underpinning for its claim, the plaintiff relies upon a principle embodied in the following quotation from Restatement, Torts, section 757, page 1: "One who . . uses another's trade secret, without a privilege to do so, is liable to the other, if . . (b) his . . . use constitutes...

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