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UNION INS. CO. v. BAILEY

No. 88-193.

450 N.W.2d 661 (1990)

234 Neb. 257

UNION INSURANCE COMPANY, Appellee, Cross-Appellee, and Cross-Appellant, v. Daniel BAILEY and Earleen Bailey, Husband and Wife, Appellees and Cross-Appellees; Tower Financial, Inc., Appellee, Cross-Appellee, and Cross-Appellant; Valley Restoration and Construction, Inc., Appellant.

Supreme Court of Nebraska.

January 26, 1990.

Attorney(s) appearing for the Case

George A. Sommer for appellant.

Joy Shiffermiller, of Atkins Ferguson Zimmerman Carney, P.C., for appellee Tower Financial.

Robert G. Simmons, Jr., of Simmons, Raymond, Olsen, Ediger, Selzer & Ballew, P.C., for appellee Union Insurance.

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

FAHRNBRUCH, Justice.

Valley Restoration and Construction, Inc. (Valley), claiming that it is entitled to $42,-375.60 for repairing a house damaged by water from a broken pipe, appeals a declaratory judgment awarding Valley only $31,-250 for its restoration work.

The judgment was rendered by the district court for Scotts Bluff County in a lawsuit brought by Union Insurance Company (Union).

Arrangements to repair the house were made between Union and...

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