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RAY TUCKER & SONS v. GTE DIRECTORIES

No. S-96-246.

571 N.W.2d 64 (1997)

253 Neb. 458

RAY TUCKER & SONS, INC., a Nebraska Corporation, Appellant, v. GTE DIRECTORIES SALES CORPORATION, a Delaware Corporation, Appellee.

Supreme Court of Nebraska.

December 5, 1997.

Attorney(s) appearing for the Case

Thomas E. Zimmerman, of Jeffrey, Hahn, Hemmerling & Zimmerman, P.C., Lincoln, for appellant.

Paul M. Schudel, of Woods & Aitken, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

STEPHAN, Justice.

Ray Tucker & Sons, Inc. (Tucker & Sons), sued GTE Directories Sales Corporation (GTE) to recover damages resulting from the failure to include Tucker & Sons' classified advertisement in the then Lincoln Telephone and Telegraph Company (LT & T) directory published in December 1993. Tucker & Sons contended that a limitation of liability clause relied upon by GTE was not included in its agreement with GTE or, in the alternative,...

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