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CHARLES VRANA & SON CONST. CO. v. STATE

No. S-97-570.

587 N.W.2d 543 (1998)

255 Neb. 845

CHARLES VRANA & SON CONSTRUCTION COMPANY, INC., a Nebraska corporation, appellee, v. STATE of Nebraska, DEPARTMENT OF ROADS, appellant.

Supreme Court of Nebraska.

December 31, 1998.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, John E. Brown, and Gary R. Welch, Lincoln, for appellant.

Joseph E. Jones, Michael F. Coyle, and Travis S. Tyler, of Fraser, Stryker, Vaughn, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

This action comes to us by way of a petition to bypass. Appellee, Charles Vrana & Son Construction Company, Inc. (Vrana), brought an action against appellant, State of Nebraska, Department of Roads (State), pursuant to contract and then filed a motion for partial summary judgment, which was granted. The State now appeals to this court the trial court's order granting partial summary judgment. Because a partial summary judgment proceeding is not a...

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