FARMERS UNION, ETC. v. MID-STATES CONST. CO.

No. 44243.

322 N.W.2d 373 (1982)

212 Neb. 147

FARMERS UNION COOPERATIVE ASSOCIATION, a Nebraska corporation, Nickerson, Nebraska, Appellant, v. MID-STATES CONSTRUCTION COMPANY, a Nebraska corporation, et al., Appellees.

Supreme Court of Nebraska.

July 16, 1982.


Attorney(s) appearing for the Case

Robert M. Hillis of Yost, Schafersman, Yost, Lamme & Hillis, Fremont, for appellant.

C. L. Robinson of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellee Peerless.

Harry B. Otis of Gaines, Otis, Haggart, Mullen & Carta, Omaha, for appellee Mid-States Const. Co.

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


WHITE, Justice.

This is an appeal from an order in which the trial court granted the defendants' motions for summary judgment, dismissed the plaintiff's first and third causes of action, and sustained a demurrer to the plaintiff's second cause of action. Plaintiff appeals and assigns as error the dismissal of its petition.

A discussion of the facts elicited in the depositions and pleadings is necessary for an understanding of this complicated matter.

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