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JOHN MARKEL FORD v. AUTO-OWNERS INS. CO.

No. S-94-137.

543 N.W.2d 173 (1996)

249 Neb. 286

JOHN MARKEL FORD, INC., a Nebraska corporation, Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Appellee.

Supreme Court of Nebraska.

February 9, 1996.

Attorney(s) appearing for the Case

James D. Sherrets and Mary M. Carnazzo, of Sherrets, Smith & Gardner, P.C., Omaha, for appellant.

Thomas A. Otepka and Alison Lonsdale McGinn, of Gross & Welch, P.C., Omaha, for appellee.

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

CAPORALE, Justice.

I. INTRODUCTION

Plaintiff-appellant, John Markel Ford, Inc., alleges that defendant-appellee, Auto-Owners Insurance Company, breached the parties' contract of insurance. The district court sustained the motion for summary judgment filed by Auto-Owners, thereby dismissing Markel Ford's action. Markel Ford then appealed to the Nebraska Court of Appeals, asserting, in summary, that the district court erred in (1) determining as a matter of...

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