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J. P. THEISEN AND SONS v. AKSARBEN CONTRACTING

No. 40537.

246 N.W.2d 720 (1976)

197 Neb. 19

J. P. THEISEN AND SONS, a co-partnership, Appellee, v. AKSARBEN CONTRACTING CORPORATION, a corporation, Appellant.

Supreme Court of Nebraska.

November 10, 1976.

Attorney(s) appearing for the Case

Hutton & Garden, P. C., Norfolk, for appellant.

Deutsch, Jewell, Otte, Gatz, Collins & Domina, Norfolk, for appellee.

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

BOSLAUGH, Justice.

This case involves a dispute arising out of a Soil Conservation Service (SCS) contract. The defendant, Aksarben Contracting Corporation entered into a contract on June 28, 1971, to construct two grade stabilization structures for the AOWA Creek Watershed Project in Dixon County, Nebraska. One structure was to be erected at site 12-8. The other structure was to be built at site 31-1. The original contract price was $64,782.

The defendant...

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