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KINGERY CONSTR. v. 6135 O STREET CAR WASH

No. S-21-797.

979 N.W.2d 762 (2022)

312 Neb. 502

KINGERY CONSTRUCTION CO., appellee, v. 6135 O STREET CAR WASH, LLC, a Nebraska limited liability company, appellant.

Supreme Court of Nebraska.

Filed September 23, 2022.

Attorney(s) appearing for the Case

Jordan W. Adam , of Fraser Stryker, P.C., L.L.O., Omaha, for appellant.

Brian S. Koerwitz , of Endacott, Peetz, Timmer & Koerwitz, P.C., L.L.O., for appellee.

Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ., and Hall, District Judge.

INTRODUCTION

Kingery Construction Co. (Kingery) sued 6135 O Street Car Wash, LLC (OSCW), for breach of contract and later moved to stay the case for arbitration under 9 U.S.C. § 3 (2018) of the Federal Arbitration Act (FAA). OSCW opposed Kingery's motion, arguing that Kingery waived its right to arbitration by its litigation...

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