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FAUSS CONST., INC. v. CITY OF HOOPER

No. 40714.

249 N.W.2d 478 (1977)

197 Neb. 398

FAUSS CONSTRUCTION, INC., Appellant, v. CITY OF HOOPER, Nebraska, Appellee.

Supreme Court of Nebraska.

January 19, 1977.

Attorney(s) appearing for the Case

Hurt & Gallant, Daniel A. Smith, Scribner, for appellant.

Sidner, Svoboda, Schilke, Wiseman & Thomsen, Fremont, for appellee.

Heard before WHITE, C. J., BOSLAUGH, McCOWN and CLINTON, JJ., and COLWELL, District Judge.

COLWELL, District Judge.

Suit was brought by plaintiff, Fauss Construction, Inc., against defendant, City of Hooper, in the county court of Dodge County, Nebraska, to recover damages under a construction contract. Plaintiff recovered judgment for $2,731.84 and costs. Upon appeal to the District Court, the judgment was vacated and plaintiff's petition dismissed. Plaintiff appeals. The judgment is affirmed.

On November 3, 1971, plaintiff and defendant entered...

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