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BERNTSEN v. COOPERS & LYBRAND

Nos. S-94-226, S-94-280 and S-94-283.

546 N.W.2d 310 (1996)

249 Neb. 904

Bernard BERNTSEN, Appellant, v. COOPERS & LYBRAND, a general partnership, Appellee. RHEEM MANUFACTURING COMPANY, Appellant, v. COOPERS & LYBRAND, a general partnership, Appellee. Richard BERNTSEN, Appellant, v. COOPERS & LYBRAND, a general partnership, Appellee.

Supreme Court of Nebraska.

April 25, 1996.

Attorney(s) appearing for the Case

Thomas H. Dahlk and Sandra L. Dougherty, of Lieben, Dahlk, Whitted, Houghton, Slowiaczek & Jahn, P.C., Omaha, for appellants.

Jerrold L. Strasheim and Mary Leiter Swick, of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellee.

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

WRIGHT, Justice.

Bernard Berntsen, Rheem Manufacturing Company, and Richard Berntsen (collectively referred to as "the appellants") appeal from the granting of demurrers filed by Coopers & Lybrand. In each case, the district court ruled that the cause of action was barred by the applicable statute of limitations. The appeals have been consolidated for purposes of this opinion.

SCOPE OF REVIEW

In considering a demurrer, a court must assume that...

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