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WOODMEN OF WORLD LIFE I. S. v. PETER KIEWIT SONS' CO.

No. 40370.

241 N.W.2d 674 (1976)

196 Neb. 158

WOODMEN OF the WORLD LIFE INSURANCE SOCIETY, a corporation, Appellant, v. PETER KIEWIT SONS' CO., a corporation and the Aetna Casualty and Surety Company, an Insurance Corporation, Appellees.

Supreme Court of Nebraska.

May 12, 1976.

Attorney(s) appearing for the Case

David A. Johnson, Ronald H. Stave, the Law Offices of Emil F. Sodoro, P. C., Omaha, for appellant.

Theodore J. Stouffer, of Cassem, Tierney, Adams & Gotch, Omaha, for appellees.

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

COLWELL, District Judge.

This is a suit for damages, costs, and attorneys' fees for breach of a construction contract, indemnity agreements, and contract of insurance. Trial was had to the court, judgment was first entered for plaintiff, Woodmen of the World Life Insurance Society, a corporation, hereafter called WOW, against defendant Peter Kiewit Sons' Company, a corporation, hereafter called Kiewit, for $74,607.75. That judgment was vacated by the trial court,...

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