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TILT-UP CONCRETE, INC. v. STAR CITY/FEDERAL

No. S-99-799.

621 N.W.2d 502 (2001)

261 Neb. 64

TILT-UP CONCRETE, INC., a Nebraska corporation, Appellant, v. STAR CITY/FEDERAL, INC., a South Dakota corporation, Appellee.

Supreme Court of Nebraska.

January 19, 2001.

Attorney(s) appearing for the Case

Edward H. Tricker, Kerry L. Kester, and Craig C. Dirrim, of Woods & Aitken, L.L.P., Lincoln, for appellant.

Robert T. Grimit and Timothy E. Clarke, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee.

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

GERRARD, J.

FACTUAL AND PROCEDURAL BACKGROUND

In April 1994, Tilt-Up Concrete, Inc. (Tilt-Up), filed a petition in the district court against Star City/Federal, Inc. (Star City), seeking foreclosure of a construction lien. The facts of the underlying dispute are set out more fully in this court's decision in that matter. See Tilt-Up Concrete v. Star City/Federal, 255 Neb. 138, 582 N.W.2d 604

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