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CITY OF GERING v. PATRICIA G. SMITH CO.

No. 82-497.

337 N.W.2d 747 (1983)

215 Neb. 174

CITY OF GERING, a municipal corporation, Appellant and Cross-Appellee, v. PATRICIA G. SMITH COMPANY (formerly A.C. Smith Company, Inc.), a corporation, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

August 12, 1983.

Attorney(s) appearing for the Case

Holtorf, Kovarik, Nuttleman, Ellison, Mathis & Javoronok, P.C., Gering, for appellant and cross-appellee.

John Wright, Wright, Simmons & Selzer, Scottsbluff, for appellee and cross-appellant.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.

KRIVOSHA, Chief Justice.

The City of Gering, Nebraska, a municipal corporation, appeals from a judgment in the amount of $26,214 entered by the District Court for Scotts Bluff County, Nebraska, in favor of the City of Gering (City). The damages were awarded by the court, a jury having been waived, for alleged defective work performed by the A.C. Smith Company, Inc., for the City, and the City maintains that the award of damages is inadequate. The appellee, Patricia...

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