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DALTON BUICK v. UNIVERSAL UNDERWRITERS

No. S-92-463.

512 N.W.2d 633 (1994)

245 Neb. 282

DALTON BUICK, OLDSMOBILE, PONTIAC, CADILLAC, INC., doing business as Dalton Buick-Olds-Pont-Cad, Inc., doing business as Dalton's Auto Center, Appellee, v. UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Appellant.

Supreme Court of Nebraska.

March 4, 1994.

Attorney(s) appearing for the Case

Ronald S. Depue, of McDermott & Depue, Grand Island, for appellant.

Howard P. Olsen, Jr., and Robert G. Simmons, Jr., of Simmons, Olsen, Ediger & Selzer, P.C., Scottsbluff, for appellee.

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

CAPORALE, Justice.

I. STATEMENT OF CASE

In this contract action, the plaintiff-appellee, Dalton Buick, Oldsmobile, Pontiac, Cadillac, Inc., doing business as Dalton Buick-Olds-Pont-Cad, Inc., doing business as Dalton's Auto Center, claims the defendant-appellant, Universal Underwriters Insurance Company, failed to pay all it owed under the policy of hail insurance it had issued. The district court granted Dalton's motion for summary judgment and overruled...

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