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MERTEN v. PEDERSEN

No. 41099.

255 N.W.2d 869 (1977)

199 Neb. 34

Herman J. MERTEN and Rose M. Merten, Appellants, v. Clyde S. PEDERSEN, d/b/a Ace House Moving Co., a/k/a Ace Building Movers, and James D. Skipton and Janice E. Skipton, Appellees.

Supreme Court of Nebraska.

July 13, 1977.

Attorney(s) appearing for the Case

Ralph R. Bremers, Omaha, for appellants.

J. Michael Coffey, of Emil F. Sodoro, P.C., Terrence D. O'Hare of Boland, Mullin & Walsh, Omaha, for appellees.

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

McCOWN, Justice.

Plaintiffs, Herman J. and Rose M. Merten, commenced this action in the District Court for Douglas County for damage to a house owned by plaintiffs. The damage was allegedly caused by piling dirt against a wall of the house. The defendants were the adjoining landowners, James D. and Janice E. Skipton, and Clyde S. Pedersen, an independent contractor employed by the Skiptons to excavate a basement under their house. At the conclusion of plaintiffs'...

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