OVERLAND CONSTRUCTORS v. MILLARD SCHOOL DIST.

No. 84-241.

369 N.W.2d 69 (1985)

220 Neb. 220

OVERLAND CONSTRUCTORS, INC., Appellee, v. The MILLARD SCHOOL DISTRICT, SCHOOL DISTRICT NO. 17, DOUGLAS COUNTY, Nebraska, Defendant and Third-Party Plaintiff, Appellant, Kirkham-Michael & Associates, Inc., Third-Party Defendant, Appellee.

Supreme Court of Nebraska.

June 14, 1985.


Attorney(s) appearing for the Case

Rjean K. Knowles and Frank M. Schepers of Young & White, Omaha, for appellant.

David D. Ernst and John H. Cotton of Gaines, Otis, Haggart, Mullen & Carta, Omaha, for appellee Overland Constructors.

Dean F. Suing and Moira B. White of Katskee & Henatsch, Omaha, for appellee Kirkham-Michael & Associates.

KRIVOSHA, C.J., and CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, D.J., Retired.


KRIVOSHA, Chief Justice.

This is a suit instituted by Overland Contractors, Inc. (Overland), seeking a declaration as to whether Overland or the Millard School District (School District), for which Overland constructed an elementary school building, was obligated to pay certain charges imposed by the Metropolitan Utilities District (M.U.D.). Overland maintained that the charges imposed by M.U.D. were the obligation of the School District. The School District, on the...

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