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OMAHA POLLUTION CONTROL CORP. v. CARVER-GREENFIELD CORP.

Civ. No. 03693.

413 F.Supp. 1069 (1976)

OMAHA POLLUTION CONTROL CORPORATION, a corporation, and the City of Omaha, Nebraska, a Municipal Corporation, Plaintiffs, v. CARVER-GREENFIELD CORPORATION, a corporation, and Fred S. Carver, Inc., a corporation, Defendants. CARVER GREENFIELD CORPORATION, a corporation, Third Party Plaintiff, v. KIRKHAM-MICHAEL AND ASSOCIATES, INC., a corporation and Stearns-Roger Corporation, a corporation, Third Party Defendants.

United States District Court, D. Nebraska.

April 1, 1976.

Attorney(s) appearing for the Case

William G. Campbell, and Richard A. Spellman, of Kutak, Rock, Cohen, Campbell, Garfinkle & Woodward, Omaha, Neb., for Omaha Pollution Control Corp.

Kent Whinnery, Asst. City Atty., Omaha, Neb., for City of Omaha.

John T. Dolan, and Robert W. Delventhal, of Crummy, Del Deo, Dolan & Purcell, Newark, N. J., for Carver Greenfield Corp.

C. L. Robinson, of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, Neb., for Fred S. Carver, Inc.

Charles F. Gotch, of Cassem, Tierney, Adams & Henatsch, Omaha, Neb., for Stearns-Roger Corp.

MEMORANDUM and ORDER

VanSICKLE, District Judge.

Omaha, Nebraska is on the Missouri River about 20 miles north of the mouth of the Platte, and the same distance east of the westward reach of the Platte. Located as it is at the focal point of inland commerce with the western half of the North American Continent, it naturally has developed into a rail and highway center which serves the agricultural lands that stretch in every direction from it. It grew first...

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