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WAITE v. SAMSON DEVELOPMENT CO., INC.

No. 83-485.

348 N.W.2d 883 (1984)

217 Neb. 403

Ross WAITE, doing business as Waite Construction Company, Appellant, v. SAMSON DEVELOPMENT COMPANY, INC., a corporation, and Inland Insurance Company, Inc., a corporation, Appellees.

Supreme Court of Nebraska.

May 18, 1984.

Attorney(s) appearing for the Case

Thomas A. Wagoner, Grand Island, for appellant.

James W. Hewitt, Lincoln, for appellee Inland Ins. Co., Inc.

KRIVOSHA, C.J., WHITE and CAPORALE, JJ., and McCOWN and BRODKEY, JJ., Retired.

McCOWN, Justice, Retired.

Plaintiff filed suit in the district court for Valley County against Samson Development Company, Inc. (Samson), and Inland Insurance Company, Inc. (Inland), to recover for work done on a construction project. He was unable to obtain service upon Samson, and the action proceeded against Inland only. The trial court entered summary judgment in favor of Inland, and the plaintiff has appealed.

The petition alleged (1) that Samson entered...

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