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GENETTI v. CATERPILLAR, INC.

No. S-99-813.

621 N.W.2d 529 (2001)

261 Neb. 98

Robert GENETTI and Sherrie Genetti, Appellees, Cross-Appellants, and Cross-Appellees, v. CATERPILLAR, INC., a Delaware corporation, Appellant and Cross-Appellee, and General Motors Corporation, a delaware corporation, Appellee, Cross-Appellant, and Cross-Appellee.

Supreme Court of Nebraska.

January 26, 2001.

Attorney(s) appearing for the Case

Aaron A. Clark, of McGrath, North, Mullin & Kratz, P.C., Omaha, and Mark L. Tripp, of Bradshaw, Fowler, Proctor & Fairgrave, P.C., for appellant Caterpillar.

Terry R. Wittler, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellee General Motors.

Gregory C. Scaglione, Omaha, and Thomas F. Ackley, of Koley Jessen, P.C., Omaha, for appellees Robert and Sherrie Genetti.

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

CONNOLLY, J.

After the engine in their truck failed four times, Robert Genetti (Genetti) and Sherrie Genetti brought suit against Caterpillar, Inc., and General Motors Corporation for breach of express warranty under the Uniform Commercial Code (U.C.C.) and relief under the "Manufacturer's Warranty Duties" statutes (Warranty Act), also known as the "lemon laws," Neb. Rev.Stat. § 60-2701 et seq. (Reissue 1998). The engine was manufactured by Caterpillar, and the...

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