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R & D PROPERTIES, LLC v. ALTECH CONST. CO.

No. S-09-289.

776 N.W.2d 493 (2009)

279 Neb. 74

R & D PROPERTIES, LLC, appellant, v. ALTECH CONSTRUCTION CO., defendant and third-party plaintiff, and Thunn Construction, Inc., third-party defendant, appellees.

Supreme Court of Nebraska.

December 24, 2009.

Attorney(s) appearing for the Case

Gregory C. Scaglione and Brenda George, of Koley Jessen, P.C., L.L.O., Omaha, for appellant.

Michael W. Pirtle and Francie C. Riedmann, of Gross & Welch, P.C., L.L.O., Omaha, for appellee Altech Construction Co.

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

HEAVICAN, C.J.

FACTUAL BACKGROUND

The underlying dispute in this case involves the construction of an office building in the "Altech Business Park" in southwest Omaha, Nebraska. R & D Properties, LLC (R & D), plaintiff, entered into a contract with Altech Construction Co. (Altech) for the construction. The building was completed, and R & D leased space in the building to various tenants. A tenant complained about a musty odor in its space, and...

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