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KUGLER CO. v. GROWTH PRODUCTS LTD., INC.

No. S-02-099.

658 N.W.2d 40 (2003)

265 Neb. 505

KUGLER COMPANY, a Nebraska Corporation, Appellant, v. GROWTH PRODUCTS LTD., INC., a New York Corporation, Appellee.

Supreme Court of Nebraska.

March 14, 2003.

Attorney(s) appearing for the Case

R. Kevin O'Donnell, Ogallala, and Charles J. Stolz, Papillion, of McGinley, O'Donnell, Reynolds & Edwards, P.C., for appellant.

Edward F. Noethe, Omaha, of McGinn, McGinn, Jennings & Springer, for appellee.

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

CONNOLLY, J.

The appellant, Kugler Company, filed a petition against the appellee, Growth Products Ltd., Inc., alleging breach of contract and breach of express and implied warranties. The district court determined that it lacked personal jurisdiction over Growth Products, sustained its special appearance, and dismissed the petition. Kugler appeals. Because Growth Products had an ongoing relationship with Kugler and encouraged Kugler to distribute its products in...

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