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KEARNEY CLINIC BLDG. CORP. v. WEAVER

No. 44113.

319 N.W.2d 95 (1982)

211 Neb. 499

KEARNEY CLINIC BUILDING CORPORATION, doing business as Kearney Clinic, Appellee and Cross-Appellant, v. Lawrence WEAVER, doing business as Weaver Construction Company, and United States Fidelity and Guaranty Co., a Maryland corporation, Appellants and Cross-Appellees.

Supreme Court of Nebraska.

May 7, 1982.

Attorney(s) appearing for the Case

Kenneth F. George of State & Yeagley, Kearney, for appellants and cross-appellees.

William J. Ross of Ross, Schroeder & Fritzler, Kearney, for appellee and cross-appellant.

Heard before BOSLAUGH and WHITE, JJ., and CLARK and KNAPP, District Judges, and RONIN, District Judge, Retired.

CLARK, District Judge.

This is an action to recover damages for deficiencies in the construction of an improvement to real property allegedly caused by the failure of the defendant Weaver Construction Company (Weaver) to construct the improvement in accordance with the contract documents. Suit was brought against Weaver and against Weaver's surety, United States Fidelity and Guaranty Company, on their contract performance bond.

Defendants answered by pleading...

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