NATIONAL CRANE CORP. v. OHIO STEEL TUBE CO.

No. 81-747.

332 N.W.2d 39 (1983)

213 Neb. 782

NATIONAL CRANE CORPORATION, a corporation, Appellant, v. OHIO STEEL TUBE COMPANY, a corporation, Appellee.

Supreme Court of Nebraska.

March 25, 1983.


Attorney(s) appearing for the Case

Fredric H. Kauffman and Terry R. Wittler of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellant.

Michael G. Helms of Schmid, Ford, Mooney & Frederick, Omaha, for appellee.

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


McCOWN, Justice.

This is an action under various tort and contract theories to recover all or a portion of the cost of conducting a retrofit program to replace all steel tubing manufactured and sold by the defendant to plaintiff and incorporated into cranes manufactured and sold to ultimate users or consumers by the plaintiff. The District Court sustained defendant's demurrers and dismissed plaintiff's petitions. The plaintiff has appealed.

The plaintiff,...

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