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HARSH INTERN., INC. v. MONFORT INDUSTRIES

No. S-02-381.

662 N.W.2d 574 (2003)

266 Neb. 82

HARSH INTERNATIONAL, INC., Appellant, v. MONFORT INDUSTRIES, INC., Appellee.

Supreme Court of Nebraska.

June 6, 2003.

Attorney(s) appearing for the Case

David E. Pavel, of David E. Pavel Law Offices, P.C., Omaha, for appellant.

Robert D. Mullin, Jr., and William J. Birkel, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellee.

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

CONNOLLY, J.

The appellant, Harsh International, Inc. (Harsh), sued Monfort Industries, Inc. (Monfort), for indemnity or contribution after Harsh settled a lawsuit with one of Monfort's employees. The employee was injured in the course of his employment by a mixer manufactured by Harsh. Monfort demurred, and the district court dismissed the petition with prejudice.

On appeal, Harsh asks this court to recognize intentional tort, implied indemnity, and comparative...

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