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PINNACLE BANK v. DARLAND CONST. CO.

No. S-04-1062.

709 N.W.2d 635 (2006)

270 Neb. 978

PINNACLE BANK, Appellee v. DARLAND CONSTRUCTION CO. and Commercial Masonry, Inc., Appellees, and Watkins Concrete Block Company, Inc., Appellant.

Supreme Court of Nebraska.

January 27, 2006.

Attorney(s) appearing for the Case

Shannon L. Doering, for appellant.

Joel M. Carney, of Walentine, O'Toole, McQuillan & Gordon, Omaha, for appellee Pinnacle Bank.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, and MILLER-LERMAN, JJ.

CONNOLLY, J.

This appeal requires us to decide whether a party can replevy money that has been paid out in a garnishment proceeding. Watkins Concrete Block Company, Inc. (Watkins), a creditor of Commercial Masonry, Inc. (Commercial), garnished funds from Darland Construction Co. (Darland), which owed money to Commercial. Pinnacle Bank (Pinnacle) held a perfected security interest in all property, proceeds, products, and accounts of Commercial. After the garnishment...

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