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GALAXY TELECOM v. J.P. THEISEN & SONS

No. S-01-1306.

656 N.W.2d 444 (2003)

265 Neb. 270

GALAXY TELECOM, L.L.C., Appellant, v. J.P. THEISEN & SONS, INC., a Nebraska corporation, Appellee.

Supreme Court of Nebraska.

February 7, 2003.

Attorney(s) appearing for the Case

Gary J. Nedved and Joel D. Nelson, of Keating, O'Gara, Davis & Nedved, P.C., L.L.O., Lincoln, for appellant.

Larry E. Welch, Jr., of Welch Law Firm, P.C., Omaha, for appellee.

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

STEPHAN, J.

Galaxy Telecom, L.L.C. (Galaxy), appeals from an order of the district court for Otoe County dismissing its action for damages against J.P. Theisen & Sons, Inc. (Theisen). Galaxy sought recovery for damage caused by Theisen to an underground fiber-optic cable, based upon alternate theories of strict liability under the Nebraska One-Call Notification System Act (Act), Neb.Rev.Stat. §§ 76-2301 to 76-2330 (Reissue 1996), and negligence. We conclude...

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