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OMAHA PUBLIC POWER DIST. v. DARIN, ETC.

No. 42532.

288 N.W.2d 467 (1980)

205 Neb. 484

OMAHA PUBLIC POWER DISTRICT, a Nebraska Public Corporation, Appellee and Cross-Appellant, v. DARIN & ARMSTRONG, INC., Appellant and Cross-Appellee.

Supreme Court of Nebraska.

February 12, 1980.

Attorney(s) appearing for the Case

Gerald P. Laughlin, Michael G. Lessmann, Kirk S. Blecha and Sharon R. Kresha of Baird, Holm, McEachen, Pedersen, Hamann & Haggart and Robert J. Huck of Delehant, Croker & Huck, Omaha, for appellant and cross-appellee.

Hird Stryker of Fraser, Stryker, Veach, Vaughn, Meusey, Olson & Boyer, P. C., Omaha, for appellee and cross-appellant.

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

McCOWN, Justice.

This action arose out of a dispute which occurred during the performance of a construction contract. The contract covered piling, concrete foundation, and steel erection work involved in the construction of a coal-fired electric power plant located near Nebraska City, Nebraska. The proceeding began as an equity action filed by the owner, Omaha Public Power District (district), against the contractor, Darin & Armstrong, Inc. (D & A), for an...

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