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HERMAN v. MIDLAND AG SERV., INC.

No. 41275.

264 N.W.2d 161 (1978)

200 Neb. 356

Harold W. HERMAN, Appellee, v. MIDLAND AG SERVICE, INC., a Nebraska Corporation, Appellant.

Supreme Court of Nebraska.

March 22, 1978.

Attorney(s) appearing for the Case

Maupin, Dent, Kay, Satterfield, Girard & Scritsmier, Dale A. Romatzke and Gary D. Byrne, North Platte, for appellant.

Richard H. Williams of Barney & Carter, P. C., Nelson, Harding, Yeutter, Leonard & Tate, Lincoln, for appellee.

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

CLINTON, Justice.

This is an action by the plaintiff, Herman, a farmer, against the defendant, Midland AG Service, Inc., a fertilizer supplier, for personal injuries sustained by Herman on his farm while in the process of transferring anhydrous ammonia from a nurse tank furnished by the defendant to an applicator tank. Plaintiff sought recovery upon three theories: (1) Breach of implied warranty by defendant in furnishing a valve on the transfer hose on the nurse...

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