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NEW TEK MFG., INC. v. BEEHNER

No. S-06-783.

751 N.W.2d 135 (2008)

275 Neb. 951

NEW TEK MANUFACTURING, INC., a Nebraska corporation, appellant, v. John A. BEEHNER et al., appellees.

Supreme Court of Nebraska.

June 27, 2008.

Attorney(s) appearing for the Case

Roger P. Cox and Gregory D. Barton, Lincoln, of Harding & Shultz, P.C., L.L.O., and Roger D. Greer and Steven P. Fallon, Chicago, IL, of Greer, Burns & Crain, Ltd., for appellant.

William H. Selde, of Sodoro, Daly & Sodoro, P.C., Omaha, for appellees.

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

STEPHAN, J.

This case is before us for the second time. It is a professional negligence action in which the plaintiff's damage claim is dependent upon the resolution of a hypothetical third-party patent infringement claim. New Tek Manufacturing, Inc. (New Tek), alleged that its former attorney, the late John H. Beehner, negligently allowed its patent on a device to lapse and that it was damaged when a third party, Orthman...

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