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CILLESSEN CONST. CO. v. SCOTTS BLUFF COUNTY

No. 83-236.

348 N.W.2d 418 (1984)

CILLESSEN CONSTRUCTION COMPANY, Appellant, v. SCOTTS BLUFF COUNTY HOUSING AUTHORITY, Appellee.

Supreme Court of Nebraska.

April 20, 1984.

Attorney(s) appearing for the Case

Winner, Nichols, Meister, Douglas & Kelly, Scottsbluff, for appellant.

Paul E. Hofmeister of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Gering, for appellee.

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

PER CURIAM.

Plaintiff has appealed an order of the district court granting the defendant's motion for summary judgment.

This dispute centers upon whether Cillessen Construction Company (Cillessen) could seed the grass areas in a housing project or whether the contract required sod. Cillessen completed the project with sod and brought suit for the cost difference.

On September 9, 1980, Cillessen executed a contract with the defendant, Scotts Bluff County...

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