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SOUKOP v. CONAGRA, INC.

No. S-01-910.

653 N.W.2d 655 (2002)

264 Neb. 1015

Lloyd SOUKOP, doing business as Lloyd's Used Cars, Appellant, v. CONAGRA, INC., a Nebraska corporation, and its subsidiary, Peavey Grain Company, Inc., Appellees.

Supreme Court of Nebraska.

December 6, 2002.

Attorney(s) appearing for the Case

Galen E. Stehlik, of Lauritsen, Brownell, Brostrom, Stehlik, Thayer & Myers, Grand Island, for appellant.

Kristopher J. Covi, of McGrath, North, Mullin & Kratz, P.C., for appellees.

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

McCORMACK, J.

NATURE OF CASE

In 1998, Neb.Rev.Stat. § 2-4403 (Reissue 1997) was amended to provide to a "public grain warehouse or public grain warehouse operation" the same protection from public or private nuisance lawsuits already afforded to a "farm or farm operation." See § 2-4403 (Cum.Supp.2002). The issue raised in this case is whether the 1998 amendment applies retroactively to a private nuisance...

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