METRO. UTIL. DIST., ETC. v. FID. & DEP. CO. OF MARYLAND

No. 41384.

264 N.W.2d 854 (1978)

200 Neb. 635

METROPOLITAN UTILITIES DISTRICT OF OMAHA, a Municipal Corporation, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation, Appellee.

Supreme Court of Nebraska.

April 19, 1978.


Attorney(s) appearing for the Case

C. S. Brubaker, W. L. Strong, Merlin E. Remmenga, Omaha, for appellant.

John P. Ford and Larry R. Forman, of Schmid, Ford, Mooney, Frederick & Caporale, Omaha, for appellee.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, BRODKEY and WHITE, JJ., and KUNS, Retired District Judge.


C. THOMAS WHITE, Justice.

This is an appeal from the grant of a summary judgment in favor of the defendant in an action by plaintiff Metropolitan Utilities District against defendant Fidelity and Deposit Company of Maryland on a written guaranty. Plaintiff appeals. We affirm.

In January 1972, Damark Properties, Inc., entered into a contract with the plaintiff Metropolitan Utilities District of Omaha. The contract provided that the district would install a...

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