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HEATH CONSULTANTS v. PRECISION INSTRUMENTS

No. S-93-412.

527 N.W.2d 596 (1995)

247 Neb. 267

HEATH CONSULTANTS, INC., Appellee, v. PRECISION INSTRUMENTS, INC., Appellant, and Katherine Waldmann and Tim Waldmann, as Individuals, Appellees.

Supreme Court of Nebraska.

January 27, 1995.

Attorney(s) appearing for the Case

Jeffrey A. Silver, Omaha, for appellant.

Dan H. Ketcham and Amy Sherman LaFollette of Hansen, Engles & Locher, P.C., Omaha, for appellee Heath Consultants.

HASTINGS, C.J., WHITE, CAPORALE, LANPHIER, and WRIGHT, JJ., GRANT, J., Retired, and HOWARD, District Judge, Retired.

CAPORALE, Justice.

I. STATEMENT OF CASE

Through its counterclaim, the defendant-appellant, Precision Instruments, Inc., asserts that it has been damaged as the result of the unlawful anticompetitive and monopolistic restraint of trade or commerce practiced by the plaintiff-appellee, Heath Consultants, Inc. Concluding that the record failed to so establish, the district court sustained Heath's motion for summary judgment and dismissed Precision's counterclaim...

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