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MIDLANDS RENTAL v. CHRISTENSEN LTD.

No. S-95-1128.

566 N.W.2d 115 (1997)

252 Neb. 806

MIDLANDS RENTAL & MACHINERY, INC., a Nebraska corporation, Appellee, v. CHRISTENSEN LIMITED PARTNERSHIP, a Nebraska limited partnership, Appellant.

Supreme Court of Nebraska.

July 11, 1997.

Attorney(s) appearing for the Case

Thomas B. Thomsen, of Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy & Nick, Fremont, for appellant.

Raymond R. Aranza, P.C., and John M. Lingelbach, of Marks Clare & Richards, Omaha, for appellee.

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

CONNOLLY, Justice.

Pursuant to separate agreements, Midlands Rental & Machinery, Inc., furnished to L & L Homes, Inc., two forklifts and a storage unit to be used in framing houses on property in a new subdivision. Upon L & L's failure to make payments on this equipment, Midlands filed a construction lien on the property, of which Christensen Limited Partnership is the title owner. The district court for Dodge County determined that Christensen was not...

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