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C. G. SMITH CONST. CO. v. COBLEIGH ELEC. CO.

No. 40508.

246 N.W.2d 55 (1976)

196 Neb. 711

C. G. SMITH CONSTRUCTION CO., a corporation, et al., Appellees, v. COBLEIGH ELECTRIC COMPANY, a corporation, et al., Appellees, Impleaded with Westinghouse Electric Supply Company, a corporation, Appellant.

Supreme Court of Nebraska.

October 13, 1976.

Attorney(s) appearing for the Case

Charles A. Nye, Garvey, Nye, Crawford, Kirchner & Moylan, Omaha, Daniel E. Wherry, Asst. U.S. Atty., Lincoln, for appellant.

Richard E. O'Toole, Walsh, Walentine & Miles, Omaha, for C. G. Smith Construction Co. and others.

Ronald Rosenberg, John F. Akin, Lincoln, for Cobleigh Electric Co., and others.

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

SPENCER, Justice.

This action was brought under the Uniform Declaratory Judgments Act to determine the amount due to various defendants and the status of certain liens arising out of the construction of an apartment complex. This appeal concerns only the portion of the trial court's decree determining that there was no contract of guaranty between the defendant Westinghouse and the plaintiff, Construction Sciences, Inc., as well as the fact that the trial court failed...

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