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ANDRES v. McNEIL CO., INC.

No. S-04-953.

707 N.W.2d 777 (2005)

270 Neb. 733

Polly N. ANDRES, appellant, v. McNEIL COMPANY, INC., and E&K of Omaha, Inc., appellees.

Supreme Court of Nebraska.

December 9, 2005.

Attorney(s) appearing for the Case

Thomas M. Locher and Timothy M. Morrison, of Locher, Cellilli, Pavelka & Dostal, L.L.C., Omaha, for appellant.

Robert S. Keith and Kellie R. Harry, of Engles, Ketcham, Olson & Keith, P.C., Omaha, for appellee E&K of Omaha, Inc.

Betty L. Egan, of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellee McNeil Company, Inc.

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

MILLER-LERMAN, J.

NATURE OF CASE

Appellant Polly N. Andres sued appellees McNeil Company, Inc. (McNeil), a contractor, and E&K of Omaha, Inc. (E&K), one of McNeil's subcontractors, in the district court for Douglas County, alleging that her home was defectively constructed. Appellees each filed motions that the district court treated as motions for summary judgment. In their motions, appellees asserted that appellant's claims were barred by the applicable...

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