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KEYSTONE BUS LINES v. ARA SERVICES, INC.

No. 82-352.

336 N.W.2d 555 (1983)

214 Neb. 813

KEYSTONE BUS LINES, INC., a Nebraska corporation, Appellant, v. ARA SERVICES, INC., doing business as Educational & Recreational Services, a California corporation, Appellee.

Supreme Court of Nebraska.

July 15, 1983.

Attorney(s) appearing for the Case

Harris, Feldman, Stumpf & Pavel, Omaha, for appellant.

Norman Denenberg, Omaha, for appellee.

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

SHANAHAN, Justice.

Plaintiff, Keystone Bus Lines, Inc. (Keystone), appeals dismissal of its action against defendant, ARA Services, Inc. (ARA), to enforce a provision contained in a contract for purchase of certain assets of Keystone. The provision required ARA to pay Keystone $100,000 if ARA obtained specified revenues from busing operations. Keystone alleged that ARA intentionally prevented occurrence of a condition precedent, i.e., attainment of the prescribed...

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