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CINCINNATI INS. v. BECKER WAREHOUSE

No. S-00-767.

635 N.W.2d 112 (2001)

262 Neb. 746

The CINCINNATI INSURANCE COMPANY, Appellee, v. BECKER WAREHOUSE, INC., and Becker Transportation, Inc., Appellants.

Supreme Court of Nebraska.

November 2, 2001.

Attorney(s) appearing for the Case

Eugene P. Welch and Francie C. Riedmann, of Gross & Welch, P.C., Omaha, for appellants.

Robert T. Grimit and Jarrod S. Boitnott, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellee.

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

GERRARD, J.

NATURE OF CASE

Becker Warehouse, Inc., and Becker Transportation, Inc. (collectively Becker), own a warehouse where food products owned by various entities are stored. While constructing an addition to Becker's warehouse, Stoetzel & Son, Inc., applied a sealant called Kure-N-Seal to the concrete floor. The owners of the food products filed lawsuits against Becker alleging that xylene fumes from the Kure-N-Seal contaminated their food products...

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