BLUE CREEK FARM v. AURORA COOP. ELEVATOR

No. S-99-608.

614 N.W.2d 310 (2000)

259 Neb. 1032

BLUE CREEK FARM, INC., appellant, v. AURORA COOPERATIVE ELEVATOR COMPANY, appellee.

Supreme Court of Nebraska.

July 14, 2000.


Attorney(s) appearing for the Case

Neil E. Williams, of Lane & Williams, P.C., Ogallala, for appellant.

David A. Jarecke, of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.

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


CONNOLLY, J.

Appellant, Blue Creek Farm, Inc. (Blue Creek), brought this action seeking a declaration that its contractual obligation to deliver corn to appellee, Aurora Cooperative Elevator Company (Aurora), between March 1 and 31, 1996, had expired. Blue Creek further sought a declaration that each party's obligations under the contracts were excused by Aurora's attempt to invoke the contracts' force majeure provisions. The district court for Hamilton County determined...

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