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ANDERSON EXCAVATING & WRECKING v. SID

No. S-01-1178.

654 N.W.2d 376 (2002)

265 Neb. 61

ANDERSON EXCAVATING & WRECKING COMPANY, Appellant, v. SANITARY IMPROVEMENT DISTRICT NO. 177, Appellee.

Supreme Court of Nebraska.

December 27, 2002.

Attorney(s) appearing for the Case

James D. Sherrets, Theodore R. Boecker, Jr., and Scott D. Jochim, of Sherrets & Boecker, L.L.C., Omaha, for appellant.

Patrick G. Vipond and Robert A. Mooney, of Lamson, Dugan & Murray, L.L.P., Omaha, and Donald R. Overholt for appellee.

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

CONNOLLY, J.

Anderson Excavating & Wrecking Company (Anderson) appeals from an order of the district court finding that Anderson had repudiated a contract it entered into with Sanitary Improvement District No. 177(SID) and determining that Anderson was not entitled to damages. We affirm because the court was not clearly wrong when it found that Anderson had repudiated the contract.

BACKGROUND

In 1992, the SID sought bids for a seawall construction...

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