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MOGLIA v. McNEIL CO., INC.

No. S-04-554.

700 N.W.2d 608 (2005)

270 Neb. 241

Joseph MOGLIA and Amy Moglia, husband and wife, appellants, v. McNEIL COMPANY, INC., et al., appellees.

Supreme Court of Nebraska.

July 22, 2005.

Attorney(s) appearing for the Case

W. Patrick Betterman, Dave J. Skalka, and Jennifer M. Betterman, of Law Offices of W. Patrick Betterman, Omaha, for appellants.

Donald G. Furlow and Jason C. Demman, of Brodkey, Cuddigan, Peebles & Belmont, L.L.P., Omaha, for appellee Landgraphics, Inc.

Michael G. Mullin and Michaela A. Messenger, of McGrath, North, Mullin & Kratz, P.C., L.L.O., Omaha, for appellees K D Roofing, Inc., and Keith M. Duggan.

Michael T. Gibbons and Aimee C. Bataillon, of Woodke & Gibbons, P.C., L.L.O., Omaha, for appellees McNeil Company, Inc., and Patrick McNeil.

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

MILLER-LERMAN, J.

NATURE OF CASE

Appellants, Joseph Moglia and Amy Moglia, sued various subcontractors and the contractor, claiming that their home was defectively constructed. Appellants were the second owners of the home. The amended complaint filed January 15, 2004, alleged three cause of action as follows: count I, "Breach of Implied Duty to Perform in a Workmanlike Manner"; count II, "Breach of Implied Warranty of Habitability"; and count III, "Negligence...

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