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WIEBE CONST. CO. v. SCHOOL DIST. OF MILLARD

No. 41034.

255 N.W.2d 413 (1977)

198 Neb. 730

WIEBE CONSTRUCTION CO., a Nebraska Corporation, Appellee and Cross-Appellant, v. The SCHOOL DISTRICT OF MILLARD, IN the COUNTY OF DOUGLAS in the State of Nebraska, a Public Corporation, Counterclaimant, Appellant and Cross-Appellee, Wiebe Construction Company, a Nebraska Corporation, and St. Paul Fire & Marine Insurance Company of St. Paul, Minnesota, Defendants to Counterclaim, Appellees and Cross-Appellees.

Supreme Court of Nebraska.

June 29, 1977.

Attorney(s) appearing for the Case

Malcolm D. Young, Omaha, for appellant.

Lyle E. Strom and C. L. Robinson of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellee.

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

CLINTON, Justice.

This is an action by Wiebe Construction Company against the School District of Millard, arising out of a contract entered into by the parties on July 22, 1969, under the terms of which Wiebe agreed to construct for the district a project identified as the Millard high school stadium at a cost price of $556,365. In accordance with provisions for changes in the contract contained therein, the contract was modified by the parties by change orders Nos...

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