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PERRY LUMBER CO. v. DURABLE SERVICES

No. S-02-709.

667 N.W.2d 194 (2003)

266 Neb. 517

PERRY LUMBER COMPANY, INC., Appellee, v. DURABLE SERVICES, INC., Appellant.

Supreme Court of Nebraska.

August 1, 2003.

Attorney(s) appearing for the Case

Jeffrey H. Jacobsen and William T. Wright, of Jacobsen, Orr, Nelson, Wright & Lindstrom, P.C., Kearney, for appellant.

Larry W. Beucke, of Parker, Grossart, Bahensky & Beucke, Kearney, for appellee.

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

STEPHAN, J.

Durable Services, Inc. (Durable) appeals from an order of the district court for Phelps County overruling its motion for new trial after a jury verdict awarding damages to Perry Lumber Company, Inc. (Perry), in this civil action. Durable contends that the trial court erred in refusing to allow its expert witness to testify regarding the results of a test he conducted in the process of formulating his expert opinion.

BACKGROUND

Perry filed...

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