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WOOD RIVER v. GEER-MELKUS CONST. CO.

No. 87-559.

444 N.W.2d 305 (1989)

233 Neb. 179

CITY OF WOOD RIVER, Nebraska, a Municipal Corporation, Appellee, v. GEER-MELKUS CONSTRUCTION COMPANY, INC., et al., Defendants and Third-Party Plaintiffs, Appellants and Cross-Appellees, Geo. A. Hormel & Company, a Corporation, Third-Party Defendant, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

August 11, 1989.

Attorney(s) appearing for the Case

John A. Wolf, of Shamberg, Wolf & Bush, Grand Island, for appellants.

Richard L. Spangler, Jr., of Woods, Aitken, Smith, Greer, Overcash & Spangler, Lincoln, for appellee Hormel.

William A. Francis, of Cunningham, Blackburn, Livingston, Francis, Cote, Brock & Cunningham, and O. Wm. VonSeggern, of Grimminger & VonSeggern, Grand Island, for appellee City.

BOSLAUGH, WHITE, SHANAHAN, and FAHRNBRUCH, JJ., and WITTHOFF, District Judge.

WITTHOFF, District Judge.

This is an appeal from an order of the Hall County District Court finding the third-party action of Geer-Melkus Construction Company, Inc., and United States Fidelity & Guarantee Company (Geer-Melkus) against Geo. A. Hormel & Company (Hormel) was barred by the statute of limitations.

FACTS

Appellant Geer-Melkus contracted with the City of Wood River to construct a waste water treatment facility. Appellee Hormel manufactured...

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