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PROFESSIONAL SERV. IND. v. J.P. CONST.

No. S-90-022.

491 N.W.2d 351 (1992)

241 Neb. 862

PROFESSIONAL SERVICE INDUSTRIES, INC., Appellant, v. J.P. CONSTRUCTION, INC., Appellee.

Supreme Court of Nebraska.

November 6, 1992.

Attorney(s) appearing for the Case

Christopher J. Connolly, of Thompson, Crounse, Pieper & Brumbaugh, P.C., Omaha, for appellant.

Monte Taylor, of Taylor, Connolly & Kluver, Omaha, for appellee.

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

WHITE, Justice.

This action arises from an agreement to perform testing services at an estimated cost for a road paving project. Plaintiff, Professional Service Industries, Inc. (PSI), which provided the testing services, appeals the dismissal of its petition and the award of a judgment on the counterclaim filed by appellee, J.P. Construction, Inc., the prime contractor.

PSI asserts on appeal that the trial court erred in determining that there was both a...

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