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HIWAY 20 TERM. v. TRI-COUNTY AGRI-SUPPLY

No. 87-681.

443 N.W.2d 872 (1989)

232 Neb. 763

HIWAY 20 TERMINAL, INC., a Nebraska Corporation, Appellee, v. TRI-COUNTY AGRI-SUPPLY, INC., a Nebraska Corporation, Defendant and Third-Party Plaintiff and Abild, Inc., doing business as Atlantic Steel Erectors, an Iowa Corporation, third-party Defendant, Appellants. HIWAY 20 TERMINAL, INC., a Nebraska Corporation, Appellee, v. ABILD, INC., doing business as Atlantic Steel Erectors, an Iowa Corporation, Appellant.

Supreme Court of Nebraska.

July 7, 1989.

Attorney(s) appearing for the Case

Michael T. Brogan, of Brogan & Stafford, P.C., Norfolk, for appellant Tri-County Agri-Supply.

William J. Ross, of Ross, Schroeder & Fritzler, Kearney, for appellant Abild.

Peter T. Hoffman and Kim M. Robak, of Rembolt Ludtke Parker & Berger, Lincoln, for appellee.

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

WHITE, Justice.

Appellant Tri-County Agri-Supply, Inc. (Tri-County), as general contractor, entered into a written contract to construct a grain storage building, known as the north building, for the appellee, Hiway 20 Terminal, Inc. (Hiway 20). The appellant Tri-County subcontracted with the appellant Abild, Inc. (Abild), generally providing that Abild would provide the labor for erection of the north building. Materials for the north building were manufactured and...

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