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SACK BROS. v. TRI-VALLEY CO-OP., INC.

No. S-99-354.

616 N.W.2d 786 (2000)

260 Neb. 312

SACK BROTHERS, a Nebraska general partnership, appellant, v. TRI-VALLEY COOPERATIVE, INC., a Nebraska corporation, appellee.

Supreme Court of Nebraska.

September 1, 2000.

Attorney(s) appearing for the Case

W. Craig Howell and James F. Cann, of Domina Law, P.C., Omaha, for appellant.

Rocky C. Weber, of Crosby, Guenzel, Davis, Kessner, and Kuester, Lincoln, for appellee.

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

WRIGHT, J.

NATURE OF CASE

Sack Brothers filed a declaratory judgment action against Tri-Valley Cooperative, Inc. (Tri-Valley), seeking to have certain contracts entered into between the parties declared void and unenforceable. Tri-Valley counterclaimed, alleging that Sack Brothers had breached the contracts. The trial court granted Tri-Valley's motion for summary judgment and subsequently awarded damages in favor of Tri-Valley. Sack Brothers appeals.

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