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NERUD v. HAYBUSTER MFG., INC.

Nos. 82-716, 82-717.

340 N.W.2d 369 (1983)

215 Neb. 604

Frank T. NERUD, Appellee, v. HAYBUSTER MANUFACTURING, INC., Appellant, and Bridgeport Equipment Co., Appellee. Frank T. NERUD, Appellee, v. HAYBUSTER MANUFACTURING, INC., and Bridgeport Equipment Co., Appellants.

Supreme Court of Nebraska.

November 10, 1983.

Attorney(s) appearing for the Case

John W. Ballew, Jr., of Raymond, Olsen, Ediger & Ballew, P.C., Scottsbluff, for appellant Haybuster Manufacturing, Inc.

Wright, Simmons & Selzer, Scottsbluff, for appellant Bridgeport Equipment Co.

James W. Ellison of Holtorf, Kovarik, Nuttleman, Ellison, Mathis & Javoronok, P.C., Gering, for appellee.

WHITE and CAPORALE, JJ., BRODKEY, J., Retired, BLUE, District Judge, and COLWELL, District Judge, Retired.

CAPORALE, Justice.

These consolidated appeals arise from combined bench trials of suits resulting from the destruction by self-generated fires of two haystacking machines. In the first case the trial court entered judgment in favor of the plaintiff purchaser, Frank T. Nerud, against the defendant manufacturer Haybuster Manufacturing, Inc., and in favor of the other defendant, the seller Bridgeport Equipment Co., on its cross-claim against Haybuster. In the second...

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