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BUSING v. ELECTRONIC POWER DESIGN, INC.

No. 4:96CV3295.

986 F.Supp. 593 (1997)

Dean BUSING and Concrete Industries, Inc., a Nebraska Corporation, d/b/a Western Sand & Gravel Company, Plaintiffs, v. ELECTRONIC POWER DESIGN, INC., a Texas Corporation, and Steven G. Smith, Defendants.

United States District Court, D. Nebraska.

November 19, 1997.

Attorney(s) appearing for the Case

Charles H. Wagner, Edstrom, Bromm, Lindahl, Wagner & Miller, Wahoo, NE, for Plaintiffs.

John M. Guthery, Perry, Guthery, Haase & Gessford, P.C., Lincoln, NE, for Defendant Electronic Power Design, Inc.

J. Arthur Curtiss, Grimit & Witt, Lincoln, NE, for Defendant Steven G. Smith.

MEMORANDUM AND ORDER

KOPF, District Judge.

At the end of the plaintiffs'1 case-in-chief, and after viewing the evidence in the light most favorable to Dean Busing (Busing), I granted Steven G. Smith's (Smith) motion for judgment as a matter of law under Federal Rule of Civil Procedure 50(a). Busing sued Smith, together with an equipment supplier, contending that Smith had a duty under Nebraska law to warn him of the instability...

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