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SCHMIDT v. OMAHA PUBLIC POWER DIST.

Nos. S-92-264, S-92-541.

515 N.W.2d 756 (1994)

245 Neb. 776

William J. SCHMIDT, Appellant, v. OMAHA PUBLIC POWER DISTRICT and Nebraska Underground Hotline, Inc., Also Known As One Call, Appellees.

Supreme Court of Nebraska.

May 6, 1994.

Attorney(s) appearing for the Case

Warren C. Schrempp and Lee R. Terry, of Schrempp and Terry, Omaha, for appellant.

Michael F. Coyle and Leslie E. Kendrick, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee Omaha Public Power Dist.

Eugene P. Welch and Alison T. Lonsdale, of Gross & Welch, P.C., Omaha, for appellee Nebraska Underground Hotline.

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

FAHRNBRUCH, Justice.

William J. Schmidt appeals from two separate orders of the district court for Douglas County sustaining the summary judgment motions of Omaha Public Power District (OPPD), case No. S-92-264, and Nebraska Underground Hotline, Inc. (Hotline), case No. S-92-541.

Although Schmidt filed but one lawsuit against OPPD and Hotline as codefendants, the granting of summary judgment as to each defendant at different times has resulted in two separate...

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