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QUALITY EQUIPMENT CO. v. TRANSAMERICA INS.

No. S-91-424.

502 N.W.2d 488 (1993)

243 Neb. 786

QUALITY EQUIPMENT COMPANY, A Nebraska Corporation, Appellee, v. TRANSAMERICA INSURANCE COMPANY, A Corporation, Defendant and Third-Party Plaintiff, Appellant, Allstate Paving, Inc., Defendant and Third-Party Plaintiff, Intervenor-Appellant, and Barajas Enterprises, Inc., and Tyler Construction Company, Third-Party Defendants, Appellees.

Supreme Court of Nebraska.

July 16, 1993.

Attorney(s) appearing for the Case

Joseph E. Jones and Dwight E. Steiner, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, and Thomas J. Rooney, Rooney & Neilson, Ltd., Arden Hills, MN, for appellant and intervenor-appellant.

Donald J. Buresh and Robert J. Becker, Stalnaker, Becker, Buresh, Gleason & Farnham, P.C., Omaha, for appellee Quality Equipment Co.

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

SHANAHAN, Justice.

Quality Equipment Company sued Transamerica Insurance Company on public contractor's bond issued by Transamerica for the contractor, Allstate Paving, Inc., pursuant to Neb.Rev.Stat. § 52-118 (Reissue 1988) for material and equipment furnished to a subcontractor on two highway projects for the State of Nebraska. Section 52-118(1) states:

It shall be the duty of the State of Nebraska, or any department or agency thereof ... empowered...

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