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OMAHA CONST. PEN. PLAN v. CHILDREN'S HOSP.

No. A-00-1031.

642 N.W.2d 849 (2002)

11 Neb. App. 35

OMAHA CONSTRUCTION INDUSTRY PENSION PLAN and Omaha Construction Industry Health and Welfare Plan, Appellants, v. CHILDREN'S HOSPITAL, Appellee.

Court of Appeals of Nebraska.

April 2, 2002.

Attorney(s) appearing for the Case

Ronald L. Comes and Aaron A. Clark, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellants.

Wayne J. Mark and Mary M. Carnazzo, of Fraser, Stryker, Meusey, Olson, Boyer & Bloch, P.C., Omaha, for appellee.

IRWIN, Chief Judge, and INBODY and CARLSON, Judges.

INBODY, Judge.

INTRODUCTION

The Omaha Construction Industry Pension Plan and the Omaha Construction Industry Health and Welfare Plan (the Plans) appeal from the Douglas County District Court's dismissal of their amended petition for failure to state a cause of action. For the reasons recited herein, we reverse, and remand for further proceedings.

STATEMENT OF FACTS

Children's Hospital (Children's) and Kiewit Construction Company entered...

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