DUKANE CORP. v. SIDES CONST. CO.

No. 43176.

302 N.W.2d 721 (1981)

208 Neb. 227

DUKANE CORPORATION, Appellant, v. SIDES CONSTRUCTION COMPANY and Safeco Insurance Company of America, Appellees.

Supreme Court of Nebraska.

March 6, 1981.


Attorney(s) appearing for the Case

Eugene L. Pieper, of Thompson, Crounse & Pieper, Omaha, for appellant.

Waldine H. Olson, of Schmid, Ford, Mooney & Frederick, Omaha, for appellees.

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


McCOWN, Justice.

The plaintiff brought this action against the general contractor and its bonding company to recover on a labor and material payment bond for materials furnished to a subcontractor whose contract was canceled. Following discovery, both parties filed motions for summary judgment. The District Court granted defendants' motion for summary judgment and dismissed plaintiff's petition.

On October 26, 1977, Sides Construction Company, as general contractor...

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