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SEDLAK AERIAL SPRAY, LTD. v. MILLER

No. S-94-609.

555 N.W.2d 32 (1996)

251 Neb. 45

SEDLAK AERIAL SPRAY, LTD., a Nebraska Limited Partnership, Appellant, v. Kenneth MILLER, Jr., Appellee.

Supreme Court of Nebraska.

November 1, 1996.

Attorney(s) appearing for the Case

George H. Moyer, Jr., of Moyer, Moyer, Egley, Fullner & Warnemunde, Madison, for appellant.

Ray C. Simmons, P.C., Fremont, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY and GERRARD, JJ.

CAPORALE, Justice.

I. STATEMENT OF CASE

The plaintiff-appellant, Sedlak Aerial Spray, Ltd., alleges that the negligence of the defendant-appellee, Kenneth Miller, Jr., proximately caused damage to one of its airplanes. The district court entered judgment for Miller in accordance with the verdict, and Sedlak appealed the dismissal of its action to the Nebraska Court of Appeals, asserting that the district court erred in (1) preliminarily instructing the jury...

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