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CONTROLLED ENVIRONMENTS v. KEY INDUSTRIAL

No. S-02-708.

670 N.W.2d 771 (2003)

266 Neb. 927

CONTROLLED ENVIRONMENTS CONSTRUCTION, INC., a California corporation, Appellant, v. KEY INDUSTRIAL REFRIGERATION CO., a California corporation, Defendant, Hill-Phoenix, Inc., a Delaware corporation, Defendant and Third-Party Plaintiff, and Refrigeration Equipment Specialists, Third-Party Defendant, Appellees.

Supreme Court of Nebraska.

October 31, 2003.

Attorney(s) appearing for the Case

David S. Houghton and J.P. Sam King, of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, for appellant.

Mary Kay Frank, Omaha, of Cline, Williams, Wright, Johnson & Oldfather, and Brian W. McGrath and G. Michael Halfenger, of Foley & Lardner, Milwaukee, WI, for appellee Hill-Phoenix, Inc.

Michael A. Nelsen, of Hillman, Forman, Nelsen, Childers & McCormack, for appellee Key Industrial Refrigeration Co.

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

GERRARD, J.

I. NATURE OF CASE

Controlled Environments Construction, Inc. (CEC), sued Key Industrial Refrigeration Co. (Key) and Hill-Phoenix, Inc., for breaches of contract and warranty arising out of two separate construction contracts to build refrigeration facilities in Omaha, Nebraska, and Minot, North Dakota. Essentially, CEC alleged that Hill-Phoenix sold defective refrigeration equipment to Key and that Key then sold that equipment to CEC for use...

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