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NEBRASKA BEEF, LTD. v. UNIVERSAL SUR. CO.

No. A-98-1373.

607 N.W.2d 227 (2000)

9 Neb. App. 40

NEBRASKA BEEF, LTD., appellant, v. UNIVERSAL SURETY COMPANY, appellee.

Court of Appeals of Nebraska.

March 14, 2000.

Attorney(s) appearing for the Case

David S. Houghton and J.P. Sam King, of Lieben, Whitted, Houghton, Slowiaczek and Cavanaugh, P.C., Omaha, for appellant.

David A. Hecker, of Woods & Aitken, Lincoln, for appellee.

IRWIN, Chief Judge, and CARLSON, Judge, and HOWARD, District Judge, Retired.

CARLSON, Judge.

INTRODUCTION

Nebraska Beef, Ltd., appeals from the trial court's sustaining of a demurrer upon its breach of contract and negligence claims against Universal Surety Company, and the subsequent dismissal of its petition. For the reasons set forth below, we affirm in part, and in part reverse and remand with direction.

BACKGROUND

According to the petition filed by Nebraska Beef, on or about April 28, 1995, Nebraska Beef entered...

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