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LINDSAY MFG. CO. v. UNIVERSAL SUR. CO.

Nos. S-91-703, S-91-704.

519 N.W.2d 530 (1994)

246 Neb. 495

LINDSAY MANUFACTURING COMPANY, A Corporation, Appellant and Cross-Appellee, v. UNIVERSAL SURETY COMPANY, A Corporation, Appellee and Cross-Appellant. LINDSAY MANUFACTURING COMPANY, A Corporation, Appellant and Cross-Appellee, v. BRUCE GILMORE & ASSOCIATES, INC., Appellee and Cross-Appellee, and Christiansen Construction Company, A Corporation, and Layne-Western Company, Inc., Appellees and Cross-Appellants.

Supreme Court of Nebraska.

July 29, 1994.

Attorney(s) appearing for the Case

Ronald F. Krause and Michael K. Huffer, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellant.

Thomas J. Walsh, Sr., of Walsh, Fullenkamp & Doyle, Omaha, for appellees Universal Sur. Co. and Christiansen Const. Co.

Larry E. Welch and Christopher J. Tjaden, of Gross & Welch, P.C., Omaha, for appellee Bruce Gilmore & Associates, Inc.

Waldine H. Olson and K.C. Engdahl, of Schmid, Mooney & Frederick, P.C., Omaha, for appellee Layne-Western Co.

HASTINGS, C.J., BOSLAUGH, CAPORALE, FAHRNBRUCH, and LANPHIER, JJ., and GRANT, J., Retired.

LANPHIER, Justice.

Lindsay Manufacturing Company (Lindsay) appeals the judgment of the district court for Platte County following a jury trial. Lindsay sought to recover costs incurred by it in remediating contamination of an aquifer underlying Lindsay's manufacturing plant. Lindsay claimed the contamination resulted from the improper construction of a new acid waste treatment facility (facility). Each defendant received judgment in its favor. Causes of action against...

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