CRNKOVICH v. SCALETTA

No. 41918.

277 N.W.2d 416 (1979)

203 Neb. 22

Nick CRNKOVICH, Appellant, v. Carl SCALETTA et al., Appellees.

Supreme Court of Nebraska.

April 10, 1979.


Attorney(s) appearing for the Case

Clayton H. Shrout, Omaha, for appellant.

Paul E. Watts, Gerald E. Moran, Robert C. Sigler, Julianne M. Dunn, Omaha, for appellee Scaletta.

Robert M. Oberman, Omaha, for appellee Citta Excavating & Wrecking Co.

Heard before SPENCER, Retired Justice, BOSLAUGH, CLINTON, and WHITE, JJ., and BARTU, District Judge.


BARTU, District Judge.

This is an appeal from a dismissal of the plaintiff Crnkovich' petition upon motion of the defendants Scaletta and Citta Excavating and Wrecking Co. for summary judgment. Plaintiff's second amended petition alleged that Crnkovich and Scaletta were owners of adjoining lots in Southside Acres Addition in Douglas County, Nebraska; that Citta in an excavation contractor; that Scaletta contracted with Citta to excavate and level Scaletta's lot; and...

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