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  5. 747 N.W.2d 383 (2008)
 

BERENS & TATE v. IRON MT. INFO. MGMT.

No. S-07-193.

747 N.W.2d 383 (2008)

275 Neb. 425

BERENS AND TATE, P.C., appellee, v. IRON MOUNTAIN INFORMATION MANAGEMENT, INC., appellant.

Supreme Court of Nebraska.

April 11, 2008.

Attorney(s) appearing for the Case

David J. Lanphier, of Broom, Johnson, Clarkson & Lanphier, Omaha, for appellant.

Nora M. Kane, of Stinson, Morrison & Hecker, L.L.P., Omaha, for appellee.

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

GERRARD, J.

Berens and Tate, P.C., has stored its business records and other files with Iron Mountain Information Management, Inc. (Iron Mountain), since 1997. Pursuant to the agreement between these parties, in order for Berens and Tate to permanently remove its records from Iron Mountain, Berens and Tate must pay a "Permanent Withdrawal" fee in addition to a retrieval fee. The question presented in this case is whether the "Permanent Withdrawal" fee is an unenforceable...

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