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MILLS v. DENNY WIEKHORST EXCAVATING, INC.

No. 42893.

293 N.W.2d 112 (1980)

206 Neb. 443

Morris MILLS, doing business as Great Plains Fence Company, Appellee, v. DENNY WIEKHORST EXCAVATING, INC., a Nebraska Corporation, City of York, Nebraska, and National Surety Company, Appellants.

Supreme Court of Nebraska.

June 10, 1980.

Attorney(s) appearing for the Case

Frost & Myers, Omaha, for appellants.

Ben L. Anderson, of Anderson, Ferneau & Anderson, Lincoln, for appellee.

Heard before BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE and HASTINGS, JJ.

BOSLAUGH, Justice.

This was a suit on a contract by a subcontractor, Morris Mills, against the general contractor, Denny Wiekhorst Excavating, Inc.; the owner, City of York, Nebraska; and the surety on the general contractor's performance bond, National Surety Company.

The contract between the plaintiff and Wiekhorst required the plaintiff to furnish all labor and materials required to erect and install the perimeter fence for a park project at York, Nebraska...

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