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DANNY'S CONST. CO., INC. v. HAVENS STEEL CO.

Civ. No. 76-0-198.

437 F.Supp. 91 (1977)

DANNY'S CONSTRUCTION COMPANY, INC., a Minnesota Corporation, Plaintiff, v. HAVENS STEEL COMPANY, a Missouri Corporation, et al., Defendants.

United States District Court, D. Nebraska.

September 12, 1977.

Attorney(s) appearing for the Case

Harvey B. Cooper, Omaha, Neb., for plaintiff.

Eugene P. Welch, Omaha, Neb., for defendants Lutz, Daily & Brain.

Dennis E. Martin, Omaha, Neb., for defendant Havens.

MEMORANDUM AND ORDER

DENNEY, District Judge.

This matter is before the Court upon the motion of defendants Fred J. Lutz, Jack Daily and the engineering firm Lutz, Daily & Brain to dismiss as to these defendants the cross-claim filed by codefendant Havens Steel Company.

This action arises out of the construction of a power plant for the city of Fremont, Nebraska. In its original complaint, Danny's Construction Company, Inc. sued the city of Fremont...

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