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DAVIS v. CHOCTAW CONST., INC.

No. S-10-005.

789 N.W.2d 698 (2010)

280 Neb. 714

Glen R. DAVIS, appellee, v. CHOCTAW CONSTRUCTION, INC., doing business as Mid-America Pump & Supply, a Nebraska corporation, appellant.

Supreme Court of Nebraska.

October 22, 2010.

Attorney(s) appearing for the Case

Robert M. Sullivan , Hastings, of Sullivan, Shoemaker, Witt & Burns, P.C., L.L.O., for appellant.

Michael Mead , of Law Offices of Whelan, Scherr, Glen, Goding & Mead, P.C., L.L.O., for appellee.

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

STEPHAN, J.

Glen R. Davis brought this action against Choctaw Construction, Inc. (Choctaw), doing business as Mid-America Pump & Supply, alleging that his brief employment with the company was wrongfully terminated. After a bench trial and judgment in favor of Davis, Choctaw moved for a new trial and for dismissal based in part upon the fact that it had not been served with summons and a copy of the complaint within 6 months from the date the complaint was filed...

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