PICCOLO-LYNAM DRUG CO. v. OMAHA NAT. BANK

No. 40295.

241 N.W.2d 107 (1976)

195 Neb. 772

PICCOLO-LYNAM DRUG COMPANY, a corporation, Appellee, v. The OMAHA NATIONAL BANK, Trustee of and for Center Plaza, Appellant, Impleaded with American Community Stores Corporation, a corporation, Appellant.

Supreme Court of Nebraska.

April 14, 1976.


Attorney(s) appearing for the Case

Gerald P. Laughlin, Michael G. Lessmann, Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, for Omaha Nat. Bank, Trustee.

Tyler B. Gaines, Gaines, Spittler, Otis, Mullen & Carta, Omaha, for American Community Stores Corp.

R. David Garber, Garber & Batt, Marks, Clare, Hopkins & Rauth, Omaha, for appellee.

Heard before SPENCER, BOSLAUGH, and McCOWN, JJ., and COLWELL and KELLY, District Judges.


SPENCER, Justice.

Plaintiff, Piccolo-Lynam Drug Company, brought this action for damages for breach of an exclusive covenant in its lease. The case was divided into two segments for trial. The first half of the trial involved the issue of liability, and was submitted to the jury on three specific questions in the form of special interrogatories. The jury answered each of the interrogatories in the affirmative, and the second half of the trial was held. It involved...

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