ConAgra, Inc. v. Cargill, Inc.

On March 13, 1986, the appellee and cross-appellant filed a motion in this court to “Correct and Amend Opinion and Order to Conform to Constitutional Requirements.” We have determined that all issues relating to this motion should be considered and a ruling made before considering the issues relating to the merits raised in the motion for rehearing filed on March 26,1986.

ConAgra claims that retired District Judge Colwell and District Judge Rist, who both voted with the majority, were without authority to participate in the decision under Neb. Const, art. V, § 2, and thus their votes were null…