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VINCE KESS, INC. v. KRUEGER CONST. CO.

No. 41928.

276 N.W.2d 669 (1979)

202 Neb. 673

VINCE KESS, INC., Appellee, v. KRUEGER CONSTRUCTION COMPANY and Universal Surety Company, Appellants.

Supreme Court of Nebraska.

March 20, 1979.

Attorney(s) appearing for the Case

Pierson, Ackerman, Fitchett & Akin, Lincoln, for appellants.

Bailey, Polsky, Huff, Denney & Cada, Lincoln and James D. Smith, Norfolk, for appellee.

Heard before BOSLAUGH, BRODKEY and HASTINGS, JJ., and CASE and FUHRMAN, District Judges.

FUHRMAN, District Judge.

This is a suit brought by appellee, Vince Kess, Inc., for the foreclosure of a mechanic's lien which had been transferred to other security. The appellants, Krueger Construction Company and Universal Surety Company, demurred to the amended petition of appellee. The demurrer was overruled. Appellants elected to stand on their demurrer, and judgment was entered in favor of appellees in the sum of $378.92 with interest at 9 percent plus the sum...

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