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L.J. VONTZ CONST. CO. v. CITY OF ALLIANCE

No. S-90-717.

500 N.W.2d 173 (1993)

243 Neb. 334

L.J. VONTZ CONSTRUCTION CO., INC., a Nebraska Corporation, Appellee, v. CITY OF ALLIANCE, Appellant.

Supreme Court of Nebraska.

April 29, 1993.

Attorney(s) appearing for the Case

Walter R. Metz, Jr., of Brown & Brown, Omaha, for appellant.

Arthur R. Langvardt, Hastings, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, SHANAHAN, FAHRNBRUCH, and LANPHIER, JJ.

HASTINGS, Chief Justice.

L.J. Vontz Construction Co., Inc. (Contractor), obtained a jury verdict in its appeal of the denial of its claim against the City of Alliance (City) under Neb.Rev.Stat. § 16-726 (Reissue 1987) in which it sought damages under a contract for the construction of an asphalt-surfaced street located in Alliance. The City has appealed.

On April 28, 1983, the City and the Contractor entered into a contract whereby the Contractor agreed...

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