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PEAK v. BOSSE

No. 41735.

272 N.W.2d 750 (1978)

202 Neb. 1

Albert PEAK, Appellee and Cross-Appellant, v. C. Richard BOSSE et al., Appellants, Impleaded with Fidelity & Casualty Co. of New York and Superior Insurance Service, Appellees and Cross-Appellees, and John M. Hogan, Appellee.

Supreme Court of Nebraska.

December 20, 1978.

Attorney(s) appearing for the Case

William J. Riedmann and Eric W. Kruger, of Riedmann & Kruger, Omaha, for appellant Bosse.

Robert G. Mahlin, Omaha, Mark Eves, Washington, D. C., Barbara Allen Babcock, Asst. Atty. Gen., Edward G. Warin, Robert F. Kokrda, Omaha, Leonard Schaitman, John F. Cordes, Washington, D. C., for appellant Small Business Administration.

Norman Denenberg, Omaha, for appellee Peak.

Richard L. Walentine, of Walsh, Walentine & Miles, Omaha, for appellee Fidelity & Cas. of New York.

Michael P. Cavel, of the Law Offices of Emil F. Sodoro, P. C., Omaha, for appellee Superior Ins. Service.

Heard before SPENCER, C. J., Pro Tem., and BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and COLWELL, District Judge.

BOSLAUGH, Justice.

On September 22, 1975, the defendant John M. Hogan was operating a refuse hauling business at Offutt Air Force Base pursuant to a contract with the defendant Small Business Administration (SBA). Hogan's contract with the SBA required Hogan to remove refuse at Offutt Air Force Base and several housing areas in accordance with a contract between SBA and the United States of America. On that day the plaintiff, Albert Peak, who was employed by Hogan...

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