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FRANKSEN v. CROSSROADS JOINT VENTURE

No. S-92-579.

515 N.W.2d 794 (1994)

245 Neb. 863

James B. FRANKSEN, Doing Business as J.B. Franksen & Associates, Appellant, v. CROSSROADS JOINT VENTURE et al., Appellees.

Supreme Court of Nebraska.

May 13, 1994.

Attorney(s) appearing for the Case

Martin P. Pelster, and, on brief, David J. Lanphier, of Croker, Huck, Kasher, Lanphier, DeWitt & Anderson, P.C., Omaha, for appellant.

Patrick B. Griffin and Shentell L. Auffart, Kutak Rock, Omaha, for appellee Crossroads Joint Venture.

D.C. Bradford and C. Gregg Larson, of Bradford, Coenen, Ashford & Welsh, Omaha, for appellee Timothy Hawbaker.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, FAHRNBRUCH, and WRIGHT, JJ.

HASTINGS, Chief Justice.

This is an action to foreclose a construction lien on property located on what is commonly known as the Crossroads Mall in Omaha. The motion for summary judgment filed by plaintiff James B. Franksen was overruled; cross-motions for summary judgment filed by defendants Crossroads Joint Venture (CJV) and Timothy Hawbaker were sustained. Franksen appeals, asserting that the district court erred in (1) determining that he did not contract with...

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