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HUMPHREY FEED & GRAIN v. UNION PAC. R. CO.

No. 41088.

257 N.W.2d 391 (1977)

199 Neb. 189

HUMPHREY FEED & GRAIN, INC., a Nebraska Corporation, Appellant and Cross Appellee, v. UNION PACIFIC RAILROAD COMPANY, a Utah Corporation, Appellee and Cross Appellant.

Supreme Court of Nebraska.

August 17, 1977.

Attorney(s) appearing for the Case

Raymond M. Crossman, Jr., Crossman, Barton & Norris, Omaha, for appellant and cross appellee.

Daniel P. Morisseau, Omaha, for appellee and cross appellant.

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

BRODKEY, Justice.

This is an action by Humphrey Feed & Grain, Inc. ("Humphrey"), against Union Pacific Railroad Company for damages resulting from alleged losses of grain transported by the railroad for Humphrey; and for loss of profits allegedly caused by the railroad's failure to maintain in good repair a sidetrack which serves the premises leased to Humphrey by the railroad. The District Court granted summary judgment in favor of Union Pacific on Humphrey's...

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